Meier v. Morgan
Wisconsin Supreme Court
'APPEAL from the Circuit Court for Dane County. This is an action to recover for personal injuries suffered by plaintiff by the falling of the east side of an ice-house owned by defendants. The ice-house was built in March, 1890, and was in four sections or parts, each section being 34 feet by 100 feet, and being practically separate buildings, but joined together, one tow of studding answering for the sides of two adjoining sections. Each section had its own gable roof.
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'APPEAL from the Circuit Court for Dane County. This is an action to recover for personal injuries suffered by plaintiff by the falling of the east side of an ice-house owned by defendants. The ice-house was built in March, 1890, and was in four sections or parts, each section being 34 feet by 100 feet, and being practically separate buildings, but joined together, one tow of studding answering for the sides of two adjoining sections. Each section had its own gable roof. The eaves were about twenty feet from the ground. The studding was of two by six inch scantling, sheathed inside, the top…
1Opinion of the CourtWiNslow, J.
The building in question was very hastily constructed just as the ice season was closing, and was evidently filled with equal or greater haste. The evidence shows very clearly that the collapse of the side of the building might' have resulted from one of three causes, or from two, or all of them combined, viz.: (1) Insufficiency of the single top plate; (2) insufficiency of the tie-beams; (3) negligence in allowing the cakes of ice to run violently against the side of the building while it was being filled, thus weakening the side and tending to shove it outward.
The legal principle is that,…
2Cases cited2 opinions
- McConnell v. City of OsageSupreme Court of Iowa · 1890
- Whitney v. CliffordWisconsin Supreme Court · 1879
3Cited by12 opinions
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
- State v. WrightSupreme Court of North Carolina · 1968
- Looker v. Gulf Coast FairSupreme Court of Alabama · 1919
- Hurst v. Webster Manufacturing Co.Wisconsin Supreme Court · 1906
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