Umnus v. Wisconsin Public Service Corp.

(ídissenting in part). I dissent only from that part of the majority opinion which relates to contributory negligence of plaintiff’s intestate.

The thirty by thirty-eight foot opening in the roof had existed for two weeks prior to the accident and was well known to plaintiff’s intestate. It seems to me that the situation is similar to those cases in which stevedore employees have been held contributorily negligent as a matter of law, who have fallen into open and unguarded hatches on vessels upon which they were working. Brown v. Associated Operating Co. (1915), 165 App. Div. 702, 151 N. Y.…