Heileman Brewing Co. v. Shaw
| Decision Date | 26 October 1915 |
| Citation | 161 Wis. 443,154 N.W. 631 |
| Parties | HEILEMAN BREWING CO. v. SHAW ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.
Action by the Heileman Brewing Company against Hulda Shaw and another. From a judgment affirming an award of the Industrial Commission, plaintiff appeals. Affirmed.
This is an action to set aside an award of the Industrial Commission, requiring the appellant company to pay to Hulda Shaw $3,000 on account of the death of her husband, Janes Shaw, caused by accident while in the employ of the appellant company. The circuit court affirmed the award, and the plaintiff company appeals.
The decedent had been employed as night workman by the plaintiff company. His duties consisted mainly of cleaning up after the day force had left and turning on the steam in the pasteurizing machines, and his hours were from 6 o'clock in the evening until 6 o'clock in the morning. The plaintiff company had erected a building containing a large room in which there were various kinds of machinery. On November 15, 1914, the time of the accident, a large opening had been made in the first floor of this building preparatory to installing a pasteurizing machine. Surrounding this opening there had been placed beer boxes, with planks upon them, for a guard or railing. This railing was placed at the edge of the opening. The decedent had done the cleaning of the building on Saturday night and Sunday morning, and the brewery did not operate on Sunday, November 15, 1914, the date of the accident. No one saw decedent in the building before he fell, and there is no direct evidence showing what he was doing at this time. Decedent was required to turn on the steam in the pasteurizing machines some time between midnight and 4 o'clock in the morning. This could be done from the basement floor.
Between 8 and 9 o'clock on the flight of the accident, the engineer and the assistant engineer were going through the building, when they discovered an object on the basement floor. Upon closer examination this proved to be the body of decedent, and he was unconscious. He was removed to a hospital, and died there the following morning. There was an abrasion on the back of the head, and one shoulder was bruised. The finger nails of one of his hands were turned back. On the middle of one of the planks, at the north edge of the opening, there was an opened bottle of beer, with the contents untouched.
The applicant is the wife of the deceased, and the Commission awarded her the maximum amount provided by the Compensation Act on...
To continue reading
Request your trial
-
Mailman v. Record Foundry & Mach. Co.
...one of his hands were turned back. The evidence showed an opening in the floor through which he might have fallen. Heileman Brewing Co. v. Shaw, 161 Wis. 443, 154 N. W. 631. The learned counsel for the defendants in their able and exhaustive brief cite several Massachusetts cases. Upon exam......
-
Southwestern Portland Cement Co. v. Simpson
...Hardy, 36 Ga.App. 487, 137 S.E. 113, 114, 115; Standard Acc. Ins. Co. v. Kiker, 45 Ga. App. 706, 165 S.E. 850, 851; Heileman Brewing Co. v. Shaw, 161 Wis. 443, 154 N.W. 631. 8 Czuczko v. Golden-Gary Co., Inc., 94 Ind.App. 47, 177 N.E. 466, 467, 179 N. E. 19; Progress Laundry Co. v. Cook, 10......
-
Lewis v. Indus. Comm'n
...159 Wis. 646, 150 N. W. 996, L. R. A. 1916A, 339;City of Milwaukee v. Ind. Comm., 160 Wis. 238, 151 N. W. 247;Heileman Brewing Co. v. Shaw, 161 Wis. 443, 154 N. W. 631;Eagle Chemical Co. v. Nowak, 161 Wis. 446, 154 N. W. 636;First Nat. Bank v. Ind. Comm., 161 Wis. 526, 154 N. W. 847. It is ......
-
Morgan v. Butte Central Min. & Mill. Co.
... ... 238, 151 N.W. 247; Eagle ... Chemical Co. v. Nowak, 161 Wis. 446, 154 N.W. 636; ... Heileman Brewing Co. v. Shaw, 161 Wis. 443, 154 N.W ... Massachusetts: ... In re ... ...