179 Wis. 653 | Wis. | 1923
The following opinion was filed January 9, 1922:
Presumably the civil court rendered judgment in favor of the defendant because the answers of the jury to questions 5, 6, and 7 of the special verdict found facts which, as a matter of law, amounted to an assumption of the risk on the part of the plaintiff arising from the negligent management of the motor car by the operator thereof. It is not seriously contended that the answers made by the jury to these questions are not supported by the evidence. There is abundant evidence to the effect that the contact by the motor car with the handcar was made in the same manner on the morning in question that it had been usually and customarily made during the period of ten. days when plaintiff had been there employed.
It is contended, however, on the part of appellant that the question whether plaintiff had assumed this risk was
It was suggested on the oral argument that the defense of assumption of risk is not available in this case because the negligence was that of a vice-principal. While there is a difference between the negligence of a vice-principal and the negligence of a co-employee so far as the liability of a master to a servant for injuries resulting from such negligence is concerned, there is no difference so far as the assumption of the risk is concerned. An employee who remains at work, without protest, in the presence .of known hazards assumes the risks-arising from a continuance of
By the Court, — Order affirmed.
A motion for a rehearing was denied, with $25 costs, on March 6, 1923.