Wisconsin Bridge & Iron Co. v. Industrial Commission

• Decision Date: 05 June 1956
• Citation: 273 Wis. 266,77 N.W.2d 413
• Court: Wisconsin Supreme Court
• Parties: WISCONSIN BRIDGE & IRON CO. et al., Appellants, v. INDUSTRIAL COMMISSION and Millicent Harmer, Respondents.

Page 413

77 N.W.2d 413

273 Wis. 266

WISCONSIN BRIDGE & IRON CO. et al., Appellants, v. INDUSTRIAL COMMISSION and Millicent Harmer, Respondents.

Supreme Court of Wisconsin.

June 5, 1956.

Fred R. Wright and Francis J. Demet, Milwaukee, for appellants.

Vernon W. Thomson, Atty. Gen., Mortimer Levitan, Asst. Atty. Gen., for respondent Industrial Commission.

MARTIN, Justice.

On the afternoon of September 29, 1952, Thomas Harmer was killed while engaged on the erection of steel work for a new building addition. He was kneeling on an I beam, placing a steel cable choker around the beam so that it could be dragged to the building by means of a crane. The death was caused by electrocution. The crane was a mobile unit equipped with a 40-foot boom with a 12-foot extension jib capable of being extended vertically 59 feet from the ground. It was situated directly beneath three electric wires carrying 26,400 volts each, located 45 feet above the ground.

Wilbur M. Gehrt, foreman for the company, testified that he placed the crane in position so that between the jib and boom and the wires there was approximately 10 to 15 feet clearance, both vertically and horizontally. The record shows that the work was being done with the boom extended at an approximate 40-degree angle. Regarding the clearance, Gehrt testified in response to inquiry by the examiner:

'The Examiner: Ten or fifteen feet clearance between the boom and this wire, the clearance in question being partially vertical and partially horizontal? A. Yes, sir.

'Q. So that if the jib and boom were moved, it would not touch the wire at any point? A. No, sir.'

The work being done was described by Elmer A. Deusing, one of the decedent's fellow employees, thus:

'* * * we had to take these lintels, pick them up and drift them to the building, or drag them to the building * * *.'

Immediately prior to the accident Deusing signaled to Clark Trinkle, the operator of the crane, to let down the cable. The cable was dropped and Deusing carried it over and put it down on the iron; he then proceeded to help the deceased and another employee pry two lintels from the rest of the iron in order to attach them to the cable.

Deusing stated that so far as he knew, from the time he took hold of the cable to attach it to the beam, the crane did not move. Gehrt, who could not see the men from his position behind the crane but could see the boom, stated that the crane had not moved.

Order 3537-1 of the General Orders on Safety in Construction, provides:

'Protection from Adjoining Power and Light Lines. No part of a structure in progress of erection, including accessory scaffolds, towers, power equipment, booms and other fixed and movable equipment constructed or used in connection with a construction project, shall extend nearer to conductors carrying electrical current than the distance indicated in the following table: (Table not printed)'

It was established that the required clearance under the circumstances existing in this case was 11.89 feet.

Appellants concede the employee was electrocuted but contend that there is nothing in the evidence to show that the crane came in contact with the wires. There is evidence, however, that the wires above the crane were the only source of electricity in the vicinity. Gehrt stated that they were the only wires there. Further, the investigation report of Wilton Wildish of the Industrial Commission states that 'one of the electric wires nearest to the boom was pitted to the extent that it was necessary that it be spliced.' In the memorandum of J. E. Wise, electrical engineer of the Industrial Commission, it is stated:

'The maximum distance the current could jump would be 1.5 inches. It seems, therefore, that in some way or other the boom must have been moved enough to reduce the distance between the boom and the conductor to approximately 1.5 inches.'

That the boom contacted the wire is a proper inference to be drawn from the evidence....