Umnus v. Wisconsin Public Service Corp‪.‬

This action is by the widow of Harold Umnus to recover damages for his death. Umnus was employed by Meyer Company, one of several contractors engaged in erecting a large building for the defendant who maintained control over the building generally. His work required him to wheel building material upon the flat roof of the building from the elevator to the places where it was to be used. The roof measured about 80 feet by 95 feet and in its center was an opening approximately 38 by 30 feet and leading down 120 feet to the ground. This lay in the direct path of the transportation of material, requiring Umnus to circle it. Umnus fell into this opening. No one saw the fall begin but the noise his wheelbarrow made in falling called the attention of witnesses who saw his body while it was still in the air. The opening through which he fell was unguarded and the claim for damages depends on finding that the owner of the building, the defendant, had failed to provide a safe place of Umnus work as required by sec. 101.06, Stats., and such failure caused his death. The jury found the defendant failed to perform the statutory duty and the failure caused the fatal injuries, and that there was no contributory negligence on the part of Umnus. After reducing the award of damages, the trial court granted judgment for the plaintiff on the verdict as modified. The defendant has appealed.