Kucera v. Merrill Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Lincoln county: Chas. Y. BaedeeN, Circuit Judge. Personal injuries. Tbe plaintiff lost bis right band and a portion of bis forearm by being caugbt in a wheel in the' defendant’s sawmill at Merrill, Wis., July 1, 1893, be being at the time employed as a night oiler in tbe mill. It appeared at tbe trial that tbe plaintiff was a boy sixteen years old June 13,1893, and was at that time five feet three inches, in height.
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Appeal from a judgment of tbe circuit court for Lincoln county: Chas. Y. BaedeeN, Circuit Judge. Personal injuries. Tbe plaintiff lost bis right band and a portion of bis forearm by being caugbt in a wheel in the' defendant’s sawmill at Merrill, Wis., July 1, 1893, be being at the time employed as a night oiler in tbe mill. It appeared at tbe trial that tbe plaintiff was a boy sixteen years old June 13,1893, and was at that time five feet three inches, in height. He had been employed about sawmills for parts of four summers. In 1890 and 1891 he had worked carrying-lath. In 1892 he had worked…
1Opinion of the CourtWiNslow, J.
The broad claim is made, that the evidence in the case shows, as matter of law, that the plaintiff knew, or ought to have known and appreciated, the risk, and hence that the motion to direct a verdict for the defendant should have been granted. We are unable to agree with this contention. While it is a fact that the wheel was in plain sight, and also that any person must have known that if his arm got into it he would be seriously injured, still we cannot say, as matter of law, that a boy of the plaintiff’s age must be held to have known and appreciated the danger attending his work about the…
2Cases cited8 opinions
- Chopin v. Badger Paper Co.Wisconsin Supreme Court · 1892
- Hardy v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Abeles v. BransfieldSupreme Court of Kansas · 1877
- Baker v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1892
- Duthie v. Town of WashburnWisconsin Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Melone v. Sierra Ry. Co. of Cal.California Supreme Court · 1907
- Cosden Pipe Line Co. v. BerrySupreme Court of Oklahoma · 1922
- Andrews v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
- Hennesey v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Rhyner v. City of MenashaWisconsin Supreme Court · 1900
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