DEATON v. UNIT CRANE & SHOVEL CORP.


265 Wis. 349 (1953)

DEATON, Respondent, vs. UNIT CRANE & SHOVEL CORPORATION, Appellant.

Supreme Court of Wisconsin.

December 1, 1953.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Morris Stern of Milwaukee.

For the respondent there was a brief by Gauer & Buer, attorneys, and Samuel P. Murray and Bendinger, Hayes & Kluwin of counsel, and oral argument by Mr. Murray and by Mr. Bernard J. Hankin, all of Milwaukee.


CURRIE, J.

Not only did the learned trial court submit the question in the special verdict relating to the negligence of defendant's crane operator under the safe-place statute (sec. 101.06, Stats.), but the court also instructed the jury on defendant's liability under such statute. In such instructions the trial court also defined the phrase "as free from danger to him [plaintiff] as the nature or place of employment would reasonably permit," which is a close approximation...

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