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POTTER v. KENOSHA

268 Wis. 361 (1955)

POTTER, Appellant, vs. CITY OF KENOSHA, Respondent.

Supreme Court of Wisconsin.

January 11, 1955.

Attorney(s) appearing for the Case

For the appellant there was a brief by Donald F. Boyle of Kenosha, and Dougherty, Ryan, Moss & Wickhem of Janesville, and oral argument by Mr. John C. Wickhem and Mr. Boyle.

For the respondent there was a brief by Robert V. Baker and Leo E. Vaudreuil, both of Kenosha, and oral argument by Mr. Vaudreuil.

STEINLE, J.

The principal question confronting us upon this appeal is whether a legal duty devolved upon the city not to permit the performance of work in the trench by the contractor's employees unless shoring as required in the safety order of the industrial commission had been provided.

The trench in which William B. Potter came to his death was not protected by bracing, shoring, or sloping of walls as required by Order 610 of the industrial commission...

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