Potter v. City of Kenosha

The principal question confronting us upon this appeal is whether a legal duty devolved upon the city not to permit the performance of work in the trench by the contractor’s employees unless shoring as required in the safety order of the industrial commission had been provided.

The trench in which William B. Potter came to his death was not protected by bracing, shoring, or sloping of walls as required by Order 610 of the industrial commission’s General Orders on Tunnel, Caisson, and Trench Construction. Appellant contends that under provisions of secs. 101.01 to 101.09, inclusive, of the 1951…