McPherson v. Great Northern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: A. J. Vinje, Circuit Judge. Action for personal injuries. The facts were not materially in controversy. In July, 1908, the Kelley-Atkinson Company were engaged in repairing the draw span of the interstate bridge between Superior and Duluth which had been wrecked two years previously.
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Appeal from a judgment of tbe circuit court for Douglas county: A. J. Vinje, Circuit Judge. Action for personal injuries. The facts were not materially in controversy. In July, 1908, the Kelley-Atkinson Company were engaged in repairing the draw span of the interstate bridge between Superior and Duluth which had been wrecked two years previously. The draw span had been raised from the water and rested upon the central pier at right angles with the remainder of the bridge, and the Kelley-Atkinson Company had beén for about two months at work repairing and restoring the iron and steel work. To'…
1Opinion of the Court
WiNsnow, O. J.
It is evident from the statement of facts that a verdict for the defendant was properly directed. The-plaintiff was engaged in unusually hazardous building and repairing operations, where he knew that conditions were-constantly changing, and he assumed all the risks ordinarily present in such dangerous operations. Kath v. Wis. Cent. R. Co. 121 Wis. 503, 99 N. W. 217. He knew that the push car was liable to be used at any- time. He testifies that he knew that his gang was not using it at the time, but the testimony is undisputed that any gang that happened to be at work on the…
2Cases cited1 opinion
- Kath v. Wisconsin Central RailwayWisconsin Supreme Court · 1904
3Cited by1 opinion
- Lese v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913