Legal Opinion

Kielar v. Fred Miller Brewing Co.

Wisconsin Supreme Court

Decided March 13, 1917PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Osoae M. Eeitz,'Circuit Judge. Action for damages for personal injuries.

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Appeal from a judgment of the circuit court for Milwaukee county: Osoae M. Eeitz,'Circuit Judge. Action for damages for personal injuries. The complaint alleges that plaintiff was employed by the defendant as a carpenter for some years prior to August 15, 1913; that among other things it was his duty to repair ice boxes, and that on August 15, 1913, the foreman of the carpenter shop directed plaintiff and another to repair an ice box which was in several sections and to put it together in another part of ,the room; that each of the sections weighed about 300 pounds 'and that it required two…

1Opinion of the CourtRosenberry, J.

The defendant strenuously urges that “the evidence clearly shows that the danger of stepping on nails in this particular shop was incident to the service which plaintiff was performing; that 'he knew and appreciated the danger; that he knew the floor had boards or strips on it; and that such boards and strips usually had nails in them; that old boards and strips were around and that nails *240were always left in them, and that in the particnlar place over which he walked several times without injury there were old strips, presumably with nails in them, which had been there three weeks to his…

2Cases cited5 opinions

  1. Rosholt v. Worden-Allen Co.Wisconsin Supreme Court · 1913
  2. Besnys v. Herman Zohrlaut Leather Co.Wisconsin Supreme Court · 1914
  3. Paule v. Florence Mining Co.Wisconsin Supreme Court · 1891
  4. Massy v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
  5. Janiak v. Milwaukee Western Fuel Co.Wisconsin Supreme Court · 1914

3Cited by4 opinions

  1. Washburn v. SkoggWisconsin Supreme Court · 1931
  2. Vogelsburg v. Mason & Hanger Co.Wisconsin Supreme Court · 1947
  3. Kelenic v. BerndtWisconsin Supreme Court · 1924
  4. Van de Zande v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1919

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