Legal Opinion

Lipsky v. C. Reiss Coal Co.

Wisconsin Supreme Court

Decided September 29, 1908PublishedCited by 20 opinions

Appeal from a judgment of the circuit court for Manito-woc county: Michael KiewaN, Circuit Judge. Defendant in and for some years before November, 1905, maintained a coal dock on the south side of the river at She-boygan, which consisted of a floor at a convenient height above the water for unloading, and a superstructure consisting of upright posts extending from the ground to about thirty feet above the floor and, generally, 12x12 in size.

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Appeal from a judgment of the circuit court for Manito-woc county: Michael KiewaN, Circuit Judge. Defendant in and for some years before November, 1905, maintained a coal dock on the south side of the river at She-boygan, which consisted of a floor at a convenient height above the water for unloading, and a superstructure consisting of upright posts extending from the ground to about thirty feet above the floor and, generally, 12x12 in size. These posts were twelve feet apart in one direction and twenty-four feet apart in another. They were surmounted by horizontal beams of about similar size…

1Opinion of the Court

Dodge, J".

Primarily the appellant contends that the verdict is wholly without evidence in its support. With this contention we can in no wise agree. In the first place we think that from the mere fall of a timber, the constituent *311part of a standing building or structure provided as a place in wbicb employees are to work, there arises an entirely reasonable inference that the owner of that building, the employer, has failed in his duty either to make it safe in original construction or to exercise reasonable diligence and care to keep it safe. We can hardly conceive a clearer case for the…

2Cases cited5 opinions

  1. Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
  2. Groth v. ThomannWisconsin Supreme Court · 1901
  3. Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
  4. Klitzke v. WebbWisconsin Supreme Court · 1904
  5. Montanye v. Northern Electrical Manfacturing Co.Wisconsin Supreme Court · 1906

3Cited by20 opinions

  1. Turk v. H. C. Prange Co.Wisconsin Supreme Court · 1963
  2. Magdalene M. Smoot and Ryan M. Smoot v. Mazda Motors of America, Inc. And Tokio Marine and Fire Insurance Company, Ltd.Court of Appeals for the Seventh Circuit · 2006
  3. Ryan v. Zweck-Wollenberg Co.Wisconsin Supreme Court · 1954
  4. Beaudoin v. Watertown Memorial HospitalWisconsin Supreme Court · 1966
  5. Koehler v. Thiensville State BankWisconsin Supreme Court · 1944

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