Lu May v. Van Drisse Motors, Inc.

• Decision Date: 24 June 1929
• Citation: Lu May v. Van Drisse Motors, Inc., 199 Wis. 310, 226 N.W. 301 (Wis. 1929)
• Parties: LU MAY v. VAN DRISSE MOTORS, INC.
• Court: Wisconsin Supreme Court

199 Wis. 310

226 N.W. 301

LU MAY

v.VAN DRISSE MOTORS, INC.

Supreme Court of Wisconsin.

June 24, 1929.

Appeal from a judgment of the Municipal Court of Brown County; Carlton Merrill, Municipal Judge. Reversed.

This is an appeal from a judgment in favor of the plaintiff for $1,500 damages and costs.

Action begun March 24, 1928; judgment entered November 22, 1928.

Personal injury action for damages caused by explosion in a catch-basin in a garage, which contained a mixture of gasoline, oil, alcohol, and water. There was a trial before a jury, which found negligence of defendant by permitting the accumulation of oil, gasoline, grease, alcohol, and water in the basin, and failing to properly clean the basin, which was the proximate cause of the injury, and finding damages at $1,500. The jury also found plaintiff free from negligence. Defendant appeals.Richmond, Jackman, Wilkie & Toebaas, of Madison, and Kittel, Jaseph, Young & Everson, of Green Bay, for appellant.

John Edward Martin and Clifford & Dilweg, all of Green Bay, for respondent.

CROWNHART, J.

The appellant owned and managed a garage in which there was a room for washing and repairing autos. There was located under the level of the floor a catch-basin covered by a circular perforated iron lid, one-half inch in thickness by about eighteen inches across. Into this basin not only water, but oil, gasoline, alcohol, and dirt were allowed to accumulate in large quantities. The respondent seeks to sustain the judgment under the safe place statute (St. 1927, § 101.06).

The manager of appellant testified that he knew the mixture in the basin was dangerous because liable to explosion. He testified as follows:

“Q. You know when there is oil, gas and alcohol, there is danger of an explosion, don't you? A. Yes sir.

Q. That's one of the reasons why when the manhole was plugged up you cleaned it out? A. Not necessarily.

Q. It's one of the reasons? A. Yes sir.

Q. Wherever there is gas and oil and dirt mixed up there is danger of an explosion? A. Yes sir.

Q. When it's in a catch-basin you know there is particular danger, don't you? A. Yes sir.

Q. When it plugs up there is danger? A. Not any more than otherwise.

Q. Where ever there is that condition with gas and oil, otherwise or not, you know there is danger? A. Yes sir.”

The respondent was a 14 year old boy, whose father worked in the garage, and who was accustomed to go to the garage each evening to ride home with his father. The testimony clearly shows that the garage was a place of employment. Nor can there be any doubt that the boy was a “frequenter” therein at the time he was injured. He walked into the garage to meet his father, according to custom, per request of his father, and, when passing over the manhole of the catch-basin, the explosion occurred, resulting in his injuries.

The Safe Place Statute, designed to require safe places of employment, reads:

“Sec. 101.06. Every employer shall furnish employment which shall be safe for the employés therein and shall furnish a place of employment which shall be safe for employés therein and for frequenters thereof and shall furnish and use safety devices and safeguards, and shall adopt and use methods and processes reasonably adequate to render such employment and places of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employés and frequenters. Every employer and every owner of a place of employment or a public building now or hereafter constructed shall so construct, repair or maintain such place of employment or public building, and every...