142 Wis. 486 | Wis. | 1910
There was evidence tending to establish that the chamber in which deceased was at work was a permanent structure prepared hy the master and in which employees were expécted to perform labor in no wise connected with either the construction, repair, or maintenance of the building, from which would result to the master the duty to make it reasonably safe for the performance of such labor. Ein
Another fact pressed on our notice by the appellant is that some one engaged in assisting the masons, who were building another part of the arch, caused the collapse by stepping on the weakened portion. But there was evidence that it was customary for employees to pass over these arches, from which would result the duty of the master to contemplate such acts in performing its duty to properly support such roof for the safety of those who might have occasion to work under it. Further than this, however, the rule is thoroughly well established that even negligence of a fellow-servant, when merely concurrent with and rendered effective by a defect in the place of work, makes the master liable. Winchel v. Goodyear, 126 Wis. 271, 105 N. W. 824; Howard v. Beldenville L. Co. 129 Wis. 98, 99, 108 N. W. 48; Herring v. E. I. Du Pont de Nemours P. Co. 139 Wis. 412, 121 N. W. 170. As a result of the examination of the entire record we are unable to say, with the certainty requisite to the reversal of a trial court’s decision upon evidence, that there was none to establish the defendant’s negligence and consequent liability, nor that either assumption of the risk or contributory negligence on the part of the deceased was establish od beyond controversy.
Error is assigned upon allowance of an amendment of the complaint to allege that appellant and Charles T. Burnham were copartners and as such conducted the business in which decedent suffered his death. Just how the appellant was prejudiced by such ruling is not obvious, since his authority in conducting the business was not disputed, and he would be equally liable whether sued separately "or jointly with another. But we cannot authoritatively decide the question of error in one order when the appeal is from a different one not dependent on the former. An appeal from an order does not bring up for review other orders made in the same
By the Court. — Order appealed from is affirmed.