UMNUS v. WISCONSIN PUBLIC SERVICE CORP.


260 Wis. 433 (1952)

UMNUS, Special Administratrix, Respondent, vs. WISCONSIN PUBLIC SERVICE CORPORATION, Appellant.

Supreme Court of Wisconsin.

January 8, 1952.


Attorney(s) appearing for the Case

For the appellant there were briefs by Smith & Will of Green Bay, and oral argument by Norman H. Smith and Fred Will.

For the respondent there was a brief by Everson, Ryan, Whitney & O'Melia of Green Bay, and oral argument by E. L. Everson.


BROWN, J.

Defendant submits that there was no need to erect rails or guards around as large an opening as this one, surrounded by so large a safe work space and therefore, as a matter of law, there was no breach of the safe-place statute. It is contended that the danger was so open and obvious that no guard was necessary. We do not find that the statute distinguishes between obvious and hidden dangers. It is clear that the opening constituted a danger and there is...

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