Schabow v. Wisconsin Traction, Light, Heat & Power Co.
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Outa-gamie county; Albeet M. Spences., Judge. Action for damages for personal injury. Plaintiff,. Herbert SchaboWj was injured April 7, 1914, by falling through, a trap door in defendant’s car barn while assisting in delivering a can of soft soap weighing 100 pounds. Upon arriving at the barn he tied his team and entered to get help¡ Both on entering and leaving he passed over the trap door, which was then closed.
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Appeal from a judgment of the municipal court of Outa-gamie county; Albeet M. Spences., Judge. Action for damages for personal injury. Plaintiff,. Herbert SchaboWj was injured April 7, 1914, by falling through, a trap door in defendant’s car barn while assisting in delivering a can of soft soap weighing 100 pounds. Upon arriving at the barn he tied his team and entered to get help¡ Both on entering and leaving he passed over the trap door, which was then closed. Though he had made deliveries there for about a year past he claimed he had never seen it open. The trap door consisted of an iron…
1Opinion of the CourtVinje, J.
Error is assigned upon this instruction of the court given relative to the question of contributory negligence :
“Negligence is a proximate cause of an injury only when the injury is the natural and probable result of it, and in the light of attending circumstances it ought to have been foreseen by a person exercising ordinary care.”
It is argued that this instruction required an anticipation of the precise injury that did in fact result, and that under the rule laid down in Meyer v. Milwaukee E. R. & L. Co. 116 Wis. 336, 93 N. W. 6; Schmeckpepper v. C. & N. W. R. Co. 116 Wis. 592, 93 N. W.…
2Cases cited11 opinions
- Meyer v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Lehman v. Amsterdam Coffee Co.Wisconsin Supreme Court · 1911
- Coolidge v. HallauerWisconsin Supreme Court · 1905
- Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- E. L. Chester Co. v. Wisconsin Power & Light Co.Wisconsin Supreme Court · 1933
- Jones v. Pittsburgh Plate Glass Co.Wisconsin Supreme Court · 1945
- Kleeman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1925