Gill v. Homrighausen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwcmhee County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that on and prior to July 15, 1889, the Joseph Schütz Brewing Company owned a large building constructed of brick and stone, with the basement resting upon large arches built of quarry stone, fastened together with mortar; that some time prior to that date the defendant entered into a contract with said company to tear down…
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APPEAL from the Circuit Court for Milwcmhee County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that on and prior to July 15, 1889, the Joseph Schütz Brewing Company owned a large building constructed of brick and stone, with the basement resting upon large arches built of quarry stone, fastened together with mortar; that some time prior to that date the defendant entered into a contract with said company to tear down all of said building and masonry, and to construct another in its place, and for that purpose the defendant, prior to…
1Opinion of the CourtCassoday, J.
Counsel for the defendant contends that in order to sustain this judgment the evidence in the record must establish affirmatively (1) that the deceased was free from contributory negligence; (2) that the danger was not apparent to an unskilled laborer of ordinary intelligence; and (3) that the danger was, or ought to have been, apparent to the defendant. These things will now be considered.
It is claimed that it was incumbent upon the plaintiff to prove that the injury was caused wholly by the defendant’s negligence; in other words, that he was required to prove that the intestate was free…
2Cases cited1 opinion
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
3Cited by11 opinions
- Bonnet v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1895
- Walker v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1895
- Paule v. Florence Mining Co.Wisconsin Supreme Court · 1891
- Lind v. Uniform Stave & Package Co.Wisconsin Supreme Court · 1909
- Rice v. Van WhySupreme Court of Colorado · 1910
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