Sapienza v. Worden-Allen Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. O. EsohweixeR, Circuit Judge. This is an action to recover damages for personal injuries sustained by the plaintiff.
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Appeal from a judgment of the circuit court for Milwaukee county: E. O. EsohweixeR, Circuit Judge. This is an action to recover damages for personal injuries sustained by the plaintiff. The complaint alleges that the defendant, the Worden-Allen Company, was erecting under' contract for the Milwaukee Electric Railway & Light Company an addition to the north side of its electric power plant located on Commerce street in the city of Milwaukee, and had piled heavy iron girders, weighing several tons each, in close proximity to a depression or excavation. On the 14th day of March, 1911, while the…
1Opinion of the CourtSiebecker, J.
Tbe evidence in tbe case shows that in tbe construction of the addition to its Commerce street plant tbe railway company bad thrown tbe rubbish accumulating, during tbe building into an excavation five or six feet deep on^ tbe opposite side of a sixteen-foot alley from tbe addition. Tbe excavation, which was tbe cellar to a building which bad either been removed or never constructed, was surrounded on three sides by concrete walls. Tbe rubbish thrown into tbe excavation extended into tbe excavation for ten or twelve feet on a level with tbe ground and then gradually declined to tbe bottom of…
2Cases cited3 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
- Schell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1908
3Cited by2 opinions
- Szyperski v. Swift CompanySupreme Court of Minnesota · 1936
- Industrial Heating & Engineering Co. v. AustinWisconsin Supreme Court · 1930