Harsen v. N. Pac. Ry. Co.
| Decision Date | 20 April 1909 |
| Citation | 120 N.W. 826,139 Wis. 186 |
| Parties | HARSEN v. NORTHERN PAC. RY. CO. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Douglas County; A. J. Vinje, Judge.
Personal injury action by Mark Harsen against the Northern Pacific Railway Company. Judgment for plaintiff, and defendant appeals. Affirmed.
This is an action to recover damages for personal injuries claimed to be due to the negligence of an employé of the defendant. The defendant was reconstructing a bridge in the city of Superior over which its track lay. A platform had been constructed beside the track about 100 to 150 feet from the site of the bridge, and was being used in the construction work. The platform was about 40 feet long, 10 feet wide, and 6 feet high. A number of large square timbers of which the framework of the bridge was being constructed were lying parallel to the platform, and about 10 feet from it. A timber 6 by 10 inches and about 20 feet long lay from the platform over the edge of one of the large timbers, and had been used as a skid. It projected over the edge of the large timber about 2 1/2 feet into an open space about 3 feet wide between the timber on which the skid rested and another large timber. Plaintiff had been working as a bridge carpenter for the defendant, framing timbers to be used on the bridge. At the time of the accident one Shaw, the foreman of the crew of men, desired to get out some timbers lying under the skid timber which bridged the space between the platform and the pile of large timbers. It was necessary to remove this skid in order to get the large timbers out, and the foreman called the plaintiff to assist him. Plaintiff went to the end of the skid near the two large timbers, and put one hand on the end of the skid and the other on its edge, while the foreman went toward the end of the skid lying on the platform. Plaintiff testified that he expected the foreman to go to the other end of the skid, and that they together would carry it to the end of the platform and the large timbers, and throw it off and onto the ground. He stated that, when the foreman had gone, 12 or 14 feet from him, the foreman by a sudden push with his knee against the side of the skid caused it to slide on the ice and snow frozen to it against the timber lying next to the open space and at right angles to the skid. The plaintiff's fingers were crushed and bruised between the end of the skid and the large timber toward which it slid, and it was...
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