[Download] "Frank J. Bembinster v. Aero Auto Parts" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free

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eBook details

• Title: Frank J. Bembinster v. Aero Auto Parts
• Author : Supreme Court of Appeals of West Virginia
• Release Date : January 07, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Action to recover damages for personal injuries. The complaint alleged that the defendant is a Wisconsin corporation located in the city of Wausau and is engaged in the business of buying, selling, and dismantling used motor vehicles and the sale of used parts and junk; that the defendant is the owner of certain real estate in said city where it carries on its business, which business is conducted for profit, through its officers and employees and that such premises were at all material times a place of employment as defined in sec. 101.01(1), Stats.; that the premises were and are bisected by the single track main line of the Chicago & North Western Railway Company extending from east to west; that near the eastern boundary of the defendants premises it has constructed a private crossing over said railway right-of-way from north to south, which crossing afforded the sole means by which employees of the defendant and frequenters of the premises could and did move from that portion of the premises lying north of the track to the portion thereof lying on the south side; that it was defendants duty to keep removed all brush, weeds, trees, and other plant growth which interfered with a view of the trains approaching the crossing from either direction; that on January 10, 1957, plaintiff went upon defendants premises for the purpose of procuring some second-hand parts and did procure the same at defendants warehouse situated north of the railway track; that thereafter he drove across the said private crossing; that as plaintiff approached said private crossing on defendants premises his view to the southeast and east along the railway track was cut off and obscured by a dense growth of high brush which extended from such private crossing eastward along the north side of the track and said dense growth of brush prevented plaintiff from seeing the approach of a train upon the railway track until the train was within a few feet of the crossing; that plaintiffs car was struck by a westbound train and plaintiff was seriously and permanently injured; that the collision and plaintiffs resulting injuries and damages were caused directly and proximately by the negligence of the defendant in failing to maintain its place of employment in a safe condition, with such freedom from danger to the life, health, safety and welfare of its employees and frequenters as the nature of the employment and place of employment would reasonably permit, by failing to remove and keep removed the brush and other plant growth which interfered with the view of the trains approaching the private crossing from the east; that as a result of the defendants negligent failure to furnish a safe place of employment plaintiff was injured.

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