Umnus v. Wisconsin Public Service Corp.

Defendant submits that there was no need to erect rails or guards around as large an opening as this one, surrounded by so large a safe work space and therefore, as a matter of law, there was no breach of the safe-place statute. It is contended that the danger was so open and obvious that no guard was necessary. We do not find that the statute distinguishes between obvious and hidden dangers. It is clear that the opening constituted a danger and there is plenty of evidence in the record that it was practicable to guard it with a rail, that such a rail would have made the *437place of Umnus’…