Legal Opinion

Murphy v. Herold Co.

Wisconsin Supreme Court

Decided January 26, 1909PublishedCited by 13 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Laweewce W. Halsey, Circuit Judge. This action was brought by the plaintiff, an infant, through his guardian ad, litem, to recover for personal injuries sustained on the 16th day of January, 1905, by falling through an open hatchway in front of the southerly part of a building known as the Herold Building, on Broadway, a public highway in the city of Milwaukee.

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Appeal from a judgment of the circuit court for Milwaukee county: Laweewce W. Halsey, Circuit Judge. This action was brought by the plaintiff, an infant, through his guardian ad, litem, to recover for personal injuries sustained on the 16th day of January, 1905, by falling through an open hatchway in front of the southerly part of a building known as the Herold Building, on Broadway, a public highway in the city of Milwaukee. The negligence charged is that the defendant failed to properly guard the hatchway and negligently permitted the same to be left open, to the plaintiff’s injury. The…

1Opinion of the CourtKeRWIh, J.

The defendant had a lease of part of the Ilerold Building, so called, situate on the southwest corner at the intersection of Broadway and Mason streets, in Milwaukee, and at the time of the injury was using such premises for the publication of a newspaper. Along the entire Broadway side and close to the building and as part of the sidewalk was a continuous elevation about five feet wide and about three and three-fourths inches 'higher than the balance of the sidewalk. At the south end of this elevation was a hatchway running close to the east wall of the building and extending easterly about…

2Cases cited22 opinions

  1. Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
  2. Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
  3. Wheeler v. Town of WestportWisconsin Supreme Court · 1872
  4. Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
  5. Waters v. Pioneer Fuel Co.Supreme Court of Minnesota · 1893

17 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Williams v. United StatesCourt of Appeals for the Seventh Circuit · 1942
  2. Madix v. Hochgreve Brewing Co.Wisconsin Supreme Court · 1913
  3. Hodgson v. Wisconsin Gas & Electric Co.Wisconsin Supreme Court · 1925
  4. Dunn v. Reeves Coal Yards Co.Supreme Court of Minnesota · 1921
  5. Atkinson v. Sheriff Motor Co.Supreme Court of Iowa · 1927

8 more not listed; retrieve them via the Exa API.

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