Vogel v. Herzfeld-Phillipson Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Chesteb A. Fowleb, Judge. Tbe plaintiff was an employee of tbe defendant and brings tbis suit to recover damages for injuries sustained while riding in a freight elevator in defendant’s store. Tbe alleged negligence on tbe part of tbe defendant consisted in employing an incompetent person to operate tbe elevator.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Chesteb A. Fowleb, Judge. Tbe plaintiff was an employee of tbe defendant and brings tbis suit to recover damages for injuries sustained while riding in a freight elevator in defendant’s store. Tbe alleged negligence on tbe part of tbe defendant consisted in employing an incompetent person to operate tbe elevator. Tbe act which it is claimed was responsible for plaintiff’s injury consisted in bringing tbe elevator to a stop suddenly, so that it bounded and threw tbe plaintiff off tbe platform and down the elevator shaft. Tbe…
1Opinion of the Court
The following opinion was filed January 9, 1912:
Barnes, J.
There was evidence from which the jury might have found that the sign forbidding all persons except the operator to manipulate the gates was not in use at the time of the accident or for some time before. There was also some evidence from which the jury might have found that the employees of the defendant, other- than the operator, customarily raised and lowered the gates of the freight elevator. There was apparently no particular danger to be apprehended from opening the elevator gate by a person riding in the elevator, provided no…
2Cases cited6 opinions
- Kavanaugh v. City of WausauWisconsin Supreme Court · 1904
- Steber v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1909
- Wawrzyniakowski v. Hoffman & Billings Manufacturing Co.Wisconsin Supreme Court · 1911
- Blankavag v. Badger Box & Lumber Co.Wisconsin Supreme Court · 1908
- Zabawa v. Oberbeck Bros. Manufacturing Co.Wisconsin Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- John E. DeWolf Co. v. HarveyWisconsin Supreme Court · 1915
- Taylor v. Northern Coal & Dock Co.Wisconsin Supreme Court · 1915
- O'Sullivan v. J. S. Stearns Lumber Co.Wisconsin Supreme Court · 1913
- Szeliwicki v. Connor Lumber & Land Co.Wisconsin Supreme Court · 1914