Zurich General Accident & Liability Insurance v. Bowers
Zurich General Accident & Liability Insurance v. Bowers
Opinion of the Court
The evidence is clear that the defendants were conducting a business of industrial heating and engineering and that at the request of the American Malting Company they sent Gerlach, one of their employees, to repair the foundation of some steam coils at the Malting Company’s plant. The facts show that this repair work was undertaken by defendants and that their agents and employees had full charge of the work and that Gerlach as their employee had control thereof for defendants. The evidence is without dispute that Gerlach, before commencing to move the steam coils preparatory to making the repairs on the floor, informed Jank respecting his duties in helping to move the coils. It is also plain that any danger incident to the operation of moving the coils, from their tipping over, must have been obvious to Jank as well as to the others engaged in this task. We find nothing in the case to sustain a claim that the injury to Jank resulting in his death was proximately caused by the negligence óf Ger-lach in failing to warn or instruct him as to the dangers incident to the tipping of the coils. The main controversy between the parties centers on the claim that the court erred
It is urged that the evidence tends to show that the fall of the coil is prima facie evidence that the force last applied by Gerlach with the pinchbar was. done in a negligent manner and hence was. the proximate cause of the'accident. The testimony does not show that Gerlach used the pinchbar in a way different from the way it had been used by him theretofore; that the manner of handling the pinchbar was dangerous or that he applied pressure in a manner different from the usual way, or that he performed this operation in these or other respects in a negligent manner, unless it can be said that the falling of the coil was due to the negligent manner in which Gerlach was using and operating the pinch-bar to move the coil on the I-beams. An examination of all the facts and circumstances of the case fails to disclose
The proximate cause of the tipping of the coil is shrouded in mystery and speculation, and the plaintiff has not established the alleged cause of action. Hansen v. Milwaukee Coke & Gas Co. 155 Wis. 235, 144 N. W. 289; Hotchkiss v. G. B. & W. R. Co. 153 Wis. 340, 141 N. W. 231; Stock v. Kern, 142 Wis. 219, 125 N. W. 447.
By the Court. — The judgment appealed from is affirmed.
Reference
- Full Case Name
- Zurich General Accident & Liability Insurance Company v. Bowers and another
- Status
- Published