Zentner v. Oshkosh Gas Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BtjRwell, Circuit Judge. This action was brought by Peter J. Zentner, as administrator, to recover damages for the death of one Louis Zentner, alleged to have been killed through the negligence of the defendant while in its employ as a lineman on the 13th day of' Eebruary, 1904. The answer denies the material allegations-of the complaint, and alleges contributory negligence on tbe part of plaintiff's…
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BtjRwell, Circuit Judge. This action was brought by Peter J. Zentner, as administrator, to recover damages for the death of one Louis Zentner, alleged to have been killed through the negligence of the defendant while in its employ as a lineman on the 13th day of' Eebruary, 1904. The answer denies the material allegations-of the complaint, and alleges contributory negligence on tbe part of plaintiff's decedent. After tbe introduction of plaintiff's evidence tbe court, on motion of defendant, granted a nonsuit, and…
1Opinion of the Court
KeRwev, J.. It is clear that the employment in which the plaintiff’s intestate was engaged was'one involving possible contact with a highly dangerous agency. He knew this, and it was his duty in such employment to exercise such degree of care as was reasonably commensurate with the usual and ordinary dangers to be expected under the circumstances; that is, such care and prudence as ordinarily prudent and careful persons engaged in such employment usually exercise under the same or similar circumstances. He assumed the usual and ordinary risks incident to the employment in which he was…
2Cases cited10 opinions
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
- Rideout v. Winnebago Traction Co.Wisconsin Supreme Court · 1904
- Kamp v. Coxe Bros. & Co.Wisconsin Supreme Court · 1904
- Grant v. Keystone Lumber Co.Wisconsin Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hamilton v. ReinemannWisconsin Supreme Court · 1940
- Carr v. Amusement, Inc.Wisconsin Supreme Court · 1970
- Bell v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919
- Kersten v. WeichmanWisconsin Supreme Court · 1908
- Driscoll v. Allis-Chalmers Co.Wisconsin Supreme Court · 1911
9 more not listed; retrieve them via the Exa API.