110 Wis. 307 | Wis. | 1901
The plaintiff is a little vague as to the specific failure on defendant’s part which is claimed to constitute a breach of its duty to furnish a reasonably safe place for plaintiff to work. He seems to assert defect in original construction of the apparatus in using a board pivoted by a bolt at one end, and resting loosely at the other on a smooth iron plate, because the defendant should have foreseen that by continual use the pivot would become loose, the board would become uneven, and the iron surface, on which the loose end rested, would, by dripping of oil, become slippery, so that that end of the board might slip off. He seems also to suggest that defendant was negligent because some or all of these troubles had ensued and not been repaired. The trial court held that no defect in original construction was assigned by the complaint, and that the mere lack of repair was necessarily as obvious and well known to plaintiff as to the master or any of its employees, and he must be held to have either assumed the risk thereof or been as much guilty of negligence in using the device as the master was
We find nothing material to our conclusion in the rejection of certain evidence. The result must have been the same had it been admitted and considered.
By the Court.— Judgment affirmed.