141 Wis. 453 | Wis. | 1910
The defendant brewing company contracted with one Toepfer for the construction by the latter of a large upright iron tank extending from some feet below the basement floor through the basement ceiling and floor of the room above. This necessitated the cutting of a somewhat circular-hole through said ceiling and floor larger- than the tank and leaving an open space around the circumference of the tank. On this upper floor employees of the respondent were engaged in a process called “pasteurizing” beer for bottling. In this-
This case is presented by both appellant and respondent largely as if it involved the question of an unsafe place and the duty of the owner of the premises toward one on his premises by invitation under such circumstances. That does not appear to us to be the question in the case. The premises were not unsafe as to the plaintiff, nor was the plaintiff injured in consequence of any omission on the part of the owner in that regard. Where, without the intervention of some responsible negligent human agency, no injury can befall the invitee merely from the condition of the premises or the ordinary conduct of the business thereon, such premises cannot
The plaintiff died pending this appeal, and his administrator was substituted as plaintiff upon suggestion of the death.
The judgment of nonsuit must be affirmed.
By the Court. — It is so ordered.