Gorsegner v. Burnham
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: W. I. TueNeb, Circuit Judge. The defendant owned and operated a brickyard consisting of a series of ovens or chambers ten or twelve feet in height, thirty feet long, and fifteen feet wide, composed of arches constructed of fire brick in which brick were placed to be baked and, of course, when baked were removed.
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Appeal from an order of tbe circuit court for Milwaukee county: W. I. TueNeb, Circuit Judge. The defendant owned and operated a brickyard consisting of a series of ovens or chambers ten or twelve feet in height, thirty feet long, and fifteen feet wide, composed of arches constructed of fire brick in which brick were placed to be baked and, of course, when baked were removed. Plaintiff was a common laborer, of mature age and considerable experience, whose work included the removal of the brick from these arched ovens. At the time in question one of the arches was found to have been weakened by…
1Opinion of the CourtDodge, J.
There was evidence tending to establish that the chamber in which deceased was at work was a permanent structure prepared hy the master and in which employees were expécted to perform labor in no wise connected with either the construction, repair, or maintenance of the building, from which would result to the master the duty to make it reasonably safe for the performance of such labor. Ein*488gartner v. Ill. S. Co. 94 Wis. 70, 68 N. W. 664; Lipsky v. C. Reiss C. Co. 136 Wis. 307, 117 N. W. 803. This duty in no wise ceased because of tbe fact that repairs were in progress. That, at most, would be…
2Cases cited11 opinions
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Kath v. Wisconsin Central RailwayWisconsin Supreme Court · 1904
- Lipsky v. C. Reiss Coal Co.Wisconsin Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Prochnow v. Northwestern Iron Co.Wisconsin Supreme Court · 1914
- Mehegan v. FaberWisconsin Supreme Court · 1914
- Smith v. Winnebago Realty Co.Wisconsin Supreme Court · 1913
- Lower v. Whitney Bros.Wisconsin Supreme Court · 1911
- Scieczinski v. Filer, & Stowell Co.Wisconsin Supreme Court · 1911