Legal Opinion

Ludvigson v. Superior Ship Building Co.

Wisconsin Supreme Court

Decided October 3, 1911PublishedCited by 6 opinions

Appeal from a judgment of tbe superior eourt of Douglas county: Chaples Smith, Judge. On February 24, 1910, defendant was engaged in excavating earth in a portion of its ship yard and in moving the same from where it was dug to a dump near by. In carrying on such work defendant made use of a certain hoisting apparatus and appliances, consisting of an engine, derrick, boom, drum, and cable, and certain other apparatus used in connection therewith.

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Appeal from a judgment of tbe superior eourt of Douglas county: Chaples Smith, Judge. On February 24, 1910, defendant was engaged in excavating earth in a portion of its ship yard and in moving the same from where it was dug to a dump near by. In carrying on such work defendant made use of a certain hoisting apparatus and appliances, consisting of an engine, derrick, boom, drum, and cable, and certain other apparatus used in connection therewith. The work was accomplished by the lowering of a steel box or skip, which was fourteen or fifteen inches high by four or five feet in length. The…

1Opinion of the CourtVinje, J.

Error is assigned because the court refused to .submit two questions in the special verdict requested by the ■defendant. No exception to such refusal was taken until after verdict and before judgment. The exception came too late. It must he taken at the time of the trial in order to be considered upon appeal. Ward v. Busack, 46 Wis. 407, 1 N. W. 107; Schultz v. C., M. & St. P. R. Co. 48 Wis. 375, 4 N. W. 399. Sec. 2831, Stats. (1898), has no application to the omission to take a timely exception to the ruling of the court during trial, and the ease of Henrizi v. Kehr, 90 Wis. *37344, 63 N. W. 285,…

2Cases cited4 opinions

  1. Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
  2. Ward v. BusackWisconsin Supreme Court · 1879
  3. Dickinson v. SmithWisconsin Supreme Court · 1909
  4. Henrizi v. KehrWisconsin Supreme Court · 1895

3Cited by6 opinions

  1. Nelson v. PauliWisconsin Supreme Court · 1922
  2. Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914
  3. John Hoffmann & Sons Co. v. ParksWisconsin Supreme Court · 1921
  4. Hind v. ThomasWisconsin Supreme Court · 1922
  5. Lomoe v. Superior Water, Light & Power Co.Wisconsin Supreme Court · 1911

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