Legal Opinion · Dissent

Raszeja v. Brozek Heating & Sheet Metal Corp.

Wisconsin Supreme Court

Decided October 27, 1964Published

1DissentWilkie, J.

{dissenting). The first difficulty I have with the majority opinion is in finding any negligence on the part of the plaintiff. Granted, the plaintiff had a duty to exercise reasonable care for his own safety. Although the plaintiff’s left arm was disabled there is no evidence in the record to show that it was useless. Under the circumstances I find no duty on the part of the plaintiff (1) to refrain from participating in the unloading operation with his partially disabled *347left arm, or (2) to notify the other two men of this disability before the first crate was unloaded. The majority finds a…

2Cases cited4 opinions

  1. Zenner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1935
  2. Arledge v. SCHERER FREIGHT LINES, INC.Wisconsin Supreme Court · 1955
  3. Home Fire & Marine Insurance v. Farmers Mutual Automobile InsuranceWisconsin Supreme Court · 1956
  4. Chaimson v. American Railway Express Co.Wisconsin Supreme Court · 1922

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