Kamp v. Coxe Bros. & Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action for damages resulting from death of plaintiff’s husband on April 26, 1902, by negligence of defendant as his employer. Defendant maintained an extensive coalyard at Milwaukee, in which were a row of elevated hoppers or bins, the tops of which were about fifty feet from the ground, and which were twenty feet long, eight feet wide, and eighteen feet deep.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action for damages resulting from death of plaintiff’s husband on April 26, 1902, by negligence of defendant as his employer. Defendant maintained an extensive coalyard at Milwaukee, in which were a row of elevated hoppers or bins, the tops of which were about fifty feet from the ground, and which were twenty feet long, eight feet wide, and eighteen feet deep. Over these hoppers ran a screen or sieve with different-sized mesh over each hopper, so as to distribute into, them different sizes of coal as the…
1Opinion of the Court
The following opinion was filed April 19, 1904:
Dodge, J.
Appellant’s first and most urgent insistence is that there was no evidence upon which could stand the answers of the jury to the effect that Hartkopf was an incompetent or unfit person to be charged with the duty of warning coal trimmers when coal was to be drawn from hoppers, and that the defendant knew, or in the exercise of ordinary care ought to have known, of such incompetence or unfitness. We confess that the evidence upon these subjects was scanty and ambiguous, but that is not surprising, as most of it bad to be drawn from those…
2Cases cited26 opinions
- Ohio & Mississippi R. W. Co. v. CollarnIndiana Supreme Court · 1881
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
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- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
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