Van Dinter v. Worden-Allen Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Orbeh T. Williams, Circuit Judge. Action for personal injury. On July 6, 1910, the plaintiff, aged forty-four, and a carpenter by trade for over twenty-five years past, was assisting a crew of men in raising joists in a building being constructed by the defendant.
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Appeal from a judgment of the circuit court for Milwaukee county: Orbeh T. Williams, Circuit Judge. Action for personal injury. On July 6, 1910, the plaintiff, aged forty-four, and a carpenter by trade for over twenty-five years past, was assisting a crew of men in raising joists in a building being constructed by the defendant. The joists were raised by means of a hoisting device called a “horse” to the third floor, about forty-three feet from the ground, where they were set into long, heavy girders fourteen inches wide and twelve inches thick. The hoisting device or horse was constructed of…
1Opinion of the CourtYiNjk, J.
The evidence now presented is substantially the same as that before us upon the former appeal. See Van Dinter v. Worden-Allen Co. 153 Wis. 533, 138 N. W. 1016, 142 N. W. 122. That being so, the qxiestions then de*582cided are tbe law of tbe case now. Horn v. La Crosse B. Co. 131 Wis. 384, 111 N. W. 522, and cases cited; Schenck v. Sterling E. & C. Co. 155 Wis. 219, 144 N. W. 290, and cases cited. It was held upon tbe first appeal that tbe questions of plaintiff’s -contributory .negligence and assumption of risk 'and of tbe proper construction and operation of tbe boist and of defendant’s duty to…
2Cases cited3 opinions
- Horn v. La Crosse Box Co.Wisconsin Supreme Court · 1907
- Van Dinter v. Worden-Allen Co.Wisconsin Supreme Court · 1913
- Schenck v. Sterling Engineering & Construction Co.Wisconsin Supreme Court · 1913