Kendzewski v. Wausau Sulphate Fibre Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. Action to recover compensation for a personal injury. The accident happened Eebruary 2, 1911. Assumption of the risk and contributory negligence were then available defenses in such cases.
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Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. Action to recover compensation for a personal injury. The accident happened Eebruary 2, 1911. Assumption of the risk and contributory negligence were then available defenses in such cases. Plaintiff, while working for defendant as a mason tender, slipped and fell on an elevated uncovered passageway between two buildings and rolled or slipped from the surface of the way, fell to the ground, and was injured. The way was some twenty feet long, five feet wide, located about twenty feet from the surface of…
1Opinion of the CourtMaesiiall, J.
Was the statutory requisite of the way, assuming it to be such as is mentioned in sec. 1636 — 81, Stats., provided by respondent. Applicability of the statute seems to be conceded, and nothing more favorable to appellant as to the duty of respondent is charged. Such statute requires the way to be safe, suitable, and proper, and so as to give proper protection to the life and limbs of the persons employed to use it. It requires a safety rail of wood, properly bolted, secured, and braced, rising at least thirty-four inches above the floor. The statute does not expressly require a second guard…
2Cases cited3 opinions
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- Kosidowski v. City of MilwaukeeWisconsin Supreme Court · 1913
- Ives v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1906
3Cited by12 opinions
- Rosario v. Atlantic Southern Ins.Supreme Court of Puerto Rico · 1968
- Olson v. Whitney Bros.Wisconsin Supreme Court · 1915
- Butera v. J. C. Mardis Co.Nebraska Supreme Court · 1916
- Van de Zande v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1919
- Voll v. Industrial CommissionWisconsin Supreme Court · 1941
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