Legal Opinion

Fonder v. General Construction Co.

Wisconsin Supreme Court

Decided April 5, 1911PublishedCited by 7 opinions

Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastings, Circuit Judge. Action to recover for personal injuries alleged to have been sustained through the negligence of the defendant. The defendant at the time of the injury was constructing a courthouse in the city of Green Bay. The walls had been carried up about-twelve feet, and upon them a stiff-leg derrick was being constructed.

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Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastings, Circuit Judge. Action to recover for personal injuries alleged to have been sustained through the negligence of the defendant. The defendant at the time of the injury was constructing a courthouse in the city of Green Bay. The walls had been carried up about-twelve feet, and upon them a stiff-leg derrick was being constructed. Tbe derrick when completed was to consist of two foundation pieces about ten inches square, called sleepers, fastened together at one end and spreading out at the other end in a Y shape from…

1Opinion of the CourtKeewiN, J.

By the first, second, third, fourth, eleventh, and twelfth findings in the special verdict the jury found in substance that the face derrick in question was not placed and operated so as to give proper protection to the life and limb of plaintiff, because of its being on wheels and not so fastened as to prevent its moving on its wheels and tipping over, and that such was the proximate cause of his injury; that plaintiff did not know nor comprehend the danger from using the derrick in the condition it was in, and that he ought not, in the exercise of ordinary care, to have discovered and…

2Cases cited23 opinions

  1. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  2. Laporte Carriage Co. v. SullenderIndiana Supreme Court · 1905
  3. Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
  4. Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
  5. Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1888

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

3Cited by7 opinions

  1. Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
  2. Faber v. RoelofsSupreme Court of Minnesota · 1973
  3. Wheeler v. Portland-Tacoma Auto Freight Co.Washington Supreme Court · 1932
  4. Lemke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1912
  5. Bruce v. Northern Boiler & Structural Iron WorksWisconsin Supreme Court · 1913

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

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