Compty v. C. H. Starke Dredge & Dock Co.
Wisconsin Supreme Court
Appea'l from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. Defendant was engaged by contract in the driving of foundation piles within the limits of property of its employer at the southeast comer of Michigan and Jefferson streets in Mil•waukee, and for that purpose had a number of piles scattered ■along opposite said property upon the easterly side of Jefferson street.
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Appea'l from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. Defendant was engaged by contract in the driving of foundation piles within the limits of property of its employer at the southeast comer of Michigan and Jefferson streets in Mil•waukee, and for that purpose had a number of piles scattered ■along opposite said property upon the easterly side of Jefferson street. People were in the habit of passing along such street, and'children were often present, either in passing or in play. While defendant was engaged in driving a pile, the plaintiff,…
1Opinion of the CourtDodge, J.
The sole assignment of error is upon refusal to order nonsuit or to direct verdict for defendant, which rests upon the contentions that no negligence was proved against it, that it is liable only for gross negligence, and that contributory negligence was established against plaintiff’s mother. Of course, as appellant argues, mere carelessness is not ground of liability, unless a breach of some duty to others *625and committed under such circumstances as to render injury to the person or rights of another probable. Every one, however, owes a duty to exercise due care whenever negligence is likely,…
2Cases cited13 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Meibus v. DodgeWisconsin Supreme Court · 1875
- Russe v. RogersWisconsin Supreme Court · 1904
- Hoppe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dervin v. FrenierSupreme Court of Vermont · 1917
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
- Delaney v. Supreme Investment Co.Wisconsin Supreme Court · 1947
- Ferrell v. Dixie Cotton MillsSupreme Court of North Carolina · 1911
- Zartner v. GeorgeWisconsin Supreme Court · 1914
7 more not listed; retrieve them via the Exa API.