Burke v. Poeschl Brothers, Inc.

BeilfüSS, J.

The issues on the appeal are:

1. Was the defendant-appellant, Poeschl Brothers, Inc., causally negligent?

2. Was the plaintiff-respondent, Frank A. Burke, con-tributorily negligent as a matter of law?

3. Is the jury’s award for past and future pain, suffering and disability excessive?

The defendant-contractor’s duty to the plaintiff in the present case is prescribed by two legislative provisions:(a) Sec. 62.15(11) of the Wisconsin Statutes:

“Street Obstruction. All contractors doing any work which shall in any manner obstruct the streets or sidewalks shall put up and maintain barriers…