Legal Opinion

Kalman v. Pieper

Wisconsin Supreme Court

Decided October 27, 1914PublishedCited by 4 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. This is an action to recover damages for personal injury. In May, 1909, plaintiff was employed in defendant’s wholesale grocery store. It was part of plaintiff’s duty to convey goods from one floor to another. This was done by means of an electric elevator driven by direct current.

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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. This is an action to recover damages for personal injury. In May, 1909, plaintiff was employed in defendant’s wholesale grocery store. It was part of plaintiff’s duty to convey goods from one floor to another. This was done by means of an electric elevator driven by direct current. The elevator was raised and lowered by means of cables, and was stopped by pulling a rope between the two starting cables and connected therewith. The plaintiff testified that he was directed to move a truckload of goods…

1Opinion of the CourtBabNes, J.

The argument of respondent that the cable might have been pulled and the elevator started by some of the employees on the upper floors is eliminated from consideration by the answer of the jury to the first question in the special verdict.

It must be conceded as a verity in this case that the application of power is what caused the elevator to ascend and that the shutting off of the power is what caused it to stop, the stopping being accelerated by the automatic application of the brake. The jury finds that no one touched the starting cable; the plaintiff says he brought the elevator to a…

2Cases cited13 opinions

  1. Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
  2. Groth v. ThomannWisconsin Supreme Court · 1901
  3. Flaherty v. HarrisonWisconsin Supreme Court · 1898
  4. Badger v. Janesville Cotton MillsWisconsin Supreme Court · 1897
  5. Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Dodds v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1920
  2. Jones v. Union Pacific RailroadNebraska Supreme Court · 1942
  3. Meister v. KrotterNebraska Supreme Court · 1938
  4. Brendlson v. Ed. Schuster & Co.Wisconsin Supreme Court · 1918

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