Legal Opinion

Craven v. Smith

Wisconsin Supreme Court

Decided December 11, 1894PublishedCited by 9 opinions

Appeal from a judgment of tlie circuit court for Wal-worth county: FbaNK M. Eish, Circuit Judge. Personal injuries. The plaintiff was employed by the defendant, September 23, 1891 (be being then eleven years of age), in riding a horse attached to a corn cutter in the defendant’s field. While so riding the borse ran away, plaintiff was thrown off, fell under the machine, and received deep cuts on the shoulder and over the eye.

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Appeal from a judgment of tlie circuit court for Wal-worth county: FbaNK M. Eish, Circuit Judge. Personal injuries. The plaintiff was employed by the defendant, September 23, 1891 (be being then eleven years of age), in riding a horse attached to a corn cutter in the defendant’s field. While so riding the borse ran away, plaintiff was thrown off, fell under the machine, and received deep cuts on the shoulder and over the eye. The complaint charged that the machine was a dangerous one; that the-horse attached to it was a vicious horse, to defendant’s knowledge, and that the appliances…

1Opinion of the CourtWiNslow, J.

It has seemed hecessary to set forth the charge of the court somewhat at length, in order to appreciate the significance of the errors claimed in it. The serious difficulties with the charge are not in the statement of general principles of law, but in their application to the case in hand. We see no good ground of complaint against the first part of the charge, which discusses the master’s duty to warn and instruct a young and inexperienced employee who is set to work upon a dangerous machine, although the second sentence excepted to is manifestly incomplete, evidently by inadvertence; but…

2Cases cited2 opinions

  1. Luebke v. Berlin Machine WorksWisconsin Supreme Court · 1894
  2. Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1888

3Cited by9 opinions

  1. Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
  2. Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
  3. Helmke v. ThilmanyWisconsin Supreme Court · 1900
  4. Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1896
  5. Guinard v. Knapp-Stout & Co.Wisconsin Supreme Court · 1895

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