Olson v. Phoenix Manufacturing Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eau Clairé county: JaMes O’Neill, Circuit Judge. Appeal from order overruling appellant’s demurrer to a complaint.
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Appeal from an order of the circuit court for Eau Clairé county: JaMes O’Neill, Circuit Judge. Appeal from order overruling appellant’s demurrer to a complaint. It is alleged, among other things, that the defendants Truax and Kahn were the owners of a dilapidated and dangerous building, and adopted certain plans, methods, and specifications for dismantling or tearing down said building, and repairing and reconstructing the same, and for that purpose the appellant and two other defendants entered into independent contracts with the owners for doing said work; that the plans and specifications…
1Opinion of the CourtDodos, J.
While the appellant, not being his employer, did not owe plaintiff’s intestate the special duty of providing a reasonably safe place to work, it did owe the duty of reasonable care in conducting its operations, so far as they might, with reasonable probability, affect others employed on the building; and if it was guilty of negligence which a reasonably prudent person would have foreseen was likely to cause, or aid in causing, the fall of the building, and consequent injury to workmen thereon, it is liable in damages, although other responsible human agencies may have contributed. Where two…
2Cases cited5 opinions
- Slater v. . MersereauNew York Court of Appeals · 1876
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- Young v. LynchWisconsin Supreme Court · 1886
- Fitts v. WaldeckWisconsin Supreme Court · 1881
- Rich v. Keshena Improvement Co.Wisconsin Supreme Court · 1881
3Cited by9 opinions
- Mitchell Realty Co. v. City of West AllisWisconsin Supreme Court · 1924
- Koepke v. City of MilwaukeeWisconsin Supreme Court · 1901
- Asch v. Washburn Lignite Coal Co.North Dakota Supreme Court · 1922
- Mehegan v. FaberWisconsin Supreme Court · 1914
- Fliege v. Kansas City Western Railway Co.Supreme Court of Kansas · 1910
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