tial temporary railings not less than 34 inches high. Such railings must be constructed by the contractor who constructs the temporary or permanent floor, and must be constructed as soon as the floor around the opening is put in place; and must be left in place until the building is completed. Every scaffold adjoining a floor opening must have a railing on the side next to the opening.

Order 3504.-Railings, continued. No contractor or employer shall permit workmen to work on any floor of a building unless all openings in such floor are protected by substantial ra.lings.

Order 3505.-Runways Across Openings. If any runway or scaffold is built across any floor opening, the entire opening must be completely planked over, unless all open sides of such runway or scaffold are protected with a solid enclosure at least three feet high.

Ladders.

Order 3506.-Ladders on Buildings. Temporary ladders at an angle of not more than 75 degrees with the horizontal, must be provided from floor to floor on all buildings. On buildings of more than three stories, double ladders must be provided. All such double ladders must be furnished by the contractor who erects the structure and must be left in place until the building is completed or until the permanent stairways are ready for use. All such ladders, whether single or double, must extend at least 3 feet above the floor. All ladders must be substantially built and kept in good condition. The spaces between rungs must be uniform. No ladders shall be permitted in any elevator shaft while elevator constructors or others are working in such shaft or in an adjoining shaft. (This does not apply to ladders used by the men who are working in the shaft.)

Order 3507. Ladders on Towers, Stacks, etc. Temporary ladders at an angle of not more than 75 degrees with the horizontal must be provided on all stacks, isolated towers, etc., except where conditions will not permit. Where the use of a vertical ladder is unavoidable, a back support must be provided.

Elevators, Derricks and Other Machinery

Order 3508.-Hoisting Signals. Bell, whistle or electric signals must be provided for platform elevators, concrete hoists, etc., and in all other cases wherever practicable.

Order 3509.-Partition between Elevators. If two or more elevators are located in the same shaft, and one elevator is put into temporary service before the others are completed, then the elevator in use (together with its counterweights) must be separated from the other elevators by a continuous partition. This partition must either be solid or consist of a screen of not less than No. 10 w're (Washburn & Moen gauge) with not more than one inch openings.

Order 3510.—Protection of Engineer. Every hoisting engine. air compressor concrete mixer or other machine used in building construction. must be properly covered over to protect the engineer from all falling material, unless the horizontal distance from such machine to the nearest point where work is being done is

at least one-half the vertical height of such point above the machine.

Order 3511.-Hoisting Machines Enclosed. All hoisting machines, irrespective of the motive power, must be housed in from December 1 to March 1, and at all other times when the temperature is below freezing. This order does not apply to machines used for not more than six days.

Temporary Floors.

Order 3512.-Construction of Temporary Floors.

Temporary

floors shall consist of not less than sound commercial 2 inch lumber, with spans not greater than 8 feet. If beams are more than 8 feet apart, temporary intermediate joists must be provided of sufficient strength to carry a live load of 50 pounds per square foot, with a factor of safety of 2.

Order 3513.-Working Floor. The working floor of every skeleton steel structure must be completely planked over. If it becomes necessary to remove any of such planks temporarily they must be at once replaced.

Order 3514.-Floor below Working Floor. The floor one or two stories below the working floor must be completely planked over (except openings for hoisting) and must have a toe-board at least 10 inches high, at all outside edges. This order shall not apply on buildings not exceeding five stories, including basements, provided no other trade except the steel erectors are at work. If any other trade starts work on any such building it shall be the duty of the steel erectors to comply with these orders at once.

Order 3515.-Riveting and Detailing. If riveting or detail work is being done on any floor below those already mentioned, then the floor one or two stories below such work must be planked óver, as in order 3514. This order shall not apply on buildings not exceeding five stories including basements, provided no other trade except the steel erectors are at work. If any other trade starts work on any such building it shall be the duty of the steel erectors to comply with these orders at once.

Order 3516.-By Whom Furnished. The temporary floors required in orders 3513 to 3515 must be furnished and laid by the steel contractor.

Order 3517. Permanent Floor Construction. The permanent floor construction must be kept up within four stories of the lowest temporary floor; or if this is not done the contractor for such permanent floor construction must provide a floor not more than four stories above the floor where he is working; but if the steel work has been completed and all loose material and other movable objects have been removed, then such floor will not be required.

Order 3518.-Mill Buildings. On all buildings of mill or ordinary construction which do not have steel columns and beams, the wood floor or one layer thereof must be completed not more than two stories below the highest masons' scaffold.

Piling of Material

Order 3519.-Piling Cement, etc. Where sacks of cement or similar material are piled more than 4 feet 6 inches high, the faces of the pile (except where supported by walls or otherwise) must be stepped so as to form an angle of not more than 60 degrees with the horizontal; or the sacks must be piled in horizontal layers. The same conditions must be maintained when the cement is being removed or used.

Hoisting in Shafts

Order 3520.-Hoisting in Shaft Prohibited. When elevator constructors or others are working in an elevator shaft, no other material, tools, or any other object whatsoever shall be hoisted or lowered in such shaft.

Steel Stairways

Order 3521. Where steel stair stringers are to be provided with treads of marble, slate or other material, they shall either be provided with temporary treads of 2 inch plank or such stairs shall be railed off and shall not be used except by the stair builders. Such railing shall be constructed by the contractor who erects the steel stairs. No person shall be required or permitted to use such stairs unless provided with plank treads.

III. INDUSTRIAL ACCIDENTS AND

COMPENSATION

WORKMEN'S COMPENSATION ACT

Abrogation of Defenses. Section 2394-1. 1. In any action to recover damages for a personal injury sustained within this state1. by an employe while engaged in the line of his duty as such, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of any officer, agent, or servant of the employer, it shall not be a defense:

(1) That the employe either expressly or impliedly assumed the risk of the hazard complained of.

(2) When such employer has at the time of the injury in a common employment three or more employes, that the injury or death was caused in whole or in part by the want of ordinary care of a fellow servant.

(3) When such employer has at the time of the injury in a common employment three or more employes, that the injury or death was caused in whole or in part by the want of ordinary care of the injured employe, where such want of ordinary care was not wilful. 2. Any employer who has elected to pay compensation as hereinafter provided shall not be subject to the provisions of this section 2394-1.2

3. Subdivisions (1) (2) and (3) of subsection 1 of section 2394-1 of the statutes shall not apply to farm labor.

Contracting-Out Forb dden. Section 2394-2. No contract, rule, or regulation. shall exempt the employer from any of the provisions of section 2394-1.

Liability for Compensation. Section 2394-3. Liability for the compensation hereinafter provided for, in lieu of any other liability whatsoever, shall exist against an employer for any personal in

'The Supreme Court held in Anderson v. Miller Scrap Iron Co., 171 N. W. 935, that this act applies to industrial accidents which occur outside of Wisconsin, if the contract of hire was made in this state.

This means that when an employer elects to come under compensation, the defenses of assumption of risk, fellow servant, and contributory negligence are restored to him as to all his employes who are not subject to the compensation act.

"Where the employer and employe are subject to the compensation act, the provisions of the act are exclusive and the employe cannot maintain a suit in court against his employer. He may make his application for compensation under the act and must abide by its provisions.

jury accidentally sustained by his employe, and for his death, in those cases where the following conditions of compensation concur*: (1) Where, at the time of the accident, both the employer and employe are subject to the provisions of sections 2394-3 to 2394-31, inclusive.

(2) Where, at the time of the accident, the employe is performing service growing out of and incidental to his employment."

Every employe going to and from his employment in the ordinary and usual way, wh le on the premises of his employer, shall be deemed to be performing service growing out of and incidental to his employment.

(3) Where the injury is proximately caused by accident, and is not intentionally self-inflicted.

And where such conditions of compensation exist for any personal injury or death, the right to the recovery of such compensation pursuant to the provisions of sections 2394-3 to 2394-31, inclusive, and acts amendatory thereof, shall be the exclusive remedy against the employer for such injury, or death; in all other cases, the liability of the employer shall be the same as if this and the succeeding sections of sections 2394-3 to 2394-31, inclusive. had not been passed, but shall be subject to the provisions of sections: 2394-1 and 2394-2.

Employer Defined. Section 2394-4. The following shall constitute employers subject to the provisions of sections 2394-3 to 2394-31, inclusive, w thin the meaning of section 2394-3:

(1) The state, and each county, city, town, village, and school district therein.

(2) Every person, firm, and private corporation (including any public service corporation), who has any person in service under any contract of hire, express or implied, oral or written, and who, at or prior to the time of the accident to the employe for which compensation under sections 2394-3 to 2394-31, inclusive may be claimed shall, in the manner provided in section 2394-5, have elected to become subject to the provisions of sections 2394-3 to 2394-31, inclusive, and who shall not, prior to such accident, have effected a withdrawal of such election, in the manner provided in subsection 1 of section 2394-5.

Election by Employer. Section 2394-5. 1. Such election on the part of the employer shall be made by filing with the industrial commission, a written statement to the effect that he accepts the provisions of sections 2394-3 to 2394-31, inclusive. the filing of which statement shall operate within the meaning of section 2394-4, to subject such employer to the provisions of sections 2394-3 to 2394-31. inclusive, for the term of one year from the date of filing such statement and until the first day of July follow

* Section 2394-32 (page 248) has the effect of eliminating the condition that injuries must be "accidentally sustained" to be compensable.

Upon the provision of the compensation act see: Racine Rubber Co. vs. Industrial Commission, 165 Wis. 600; Holt Lumber Co. vs. Industrial Commission, 168 Wis. 381; Fera vs. City of Milwaukee, 7 Wis. Workmen's Comp. Reports 79.

Our Supreme Court has defined "proximate cause" as 'the first cause, the initial cause, the efficient cause, the cause acting first and immediately producing the injury or setting other causes in motion by constituting a natural and continuous chain of events, each having a close, casual connection with its immediate predecessor." Winchell vs. Goodyear, 126 Wis. 271.