Darcey v. Farmers' Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. Action for personal injuries. Plaintiff was an employee in defendant’s sawmill, and had been such for about twenty days before the 15th day of July, 1891, when the injuries complained of occurred. He was twenty-three years of age.
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APPEAL from the Circuit Court for Lincoln County. Action for personal injuries. Plaintiff was an employee in defendant’s sawmill, and had been such for about twenty days before the 15th day of July, 1891, when the injuries complained of occurred. He was twenty-three years of age. His duty was to take edging and slabs from a certain line of rollers and put them on the “slashing” table, in which were a number of “ slashing ” saws; and when at work he stood in an alley between the slashing table and the said line of rollers. Near him was a large rotary saw, called the “ cut-off ” saw, which…
1Opinion of the CourtWinslow, J.
The appellant’s contentions are two in number, and they go entirely to the merits of the case. They are: (1) That the plaintiff’s injury was the result of a pure accident for which no one is responsible; (2) that, under the evidence and the verdict, the plaintiff must be held to have assumed the risk of injury from the saw.
1. We cannot assent to the proposition that this was a pure accident, for which no one can be held responsible. It is true that the slipping of the plaintiff’s foot appears to have been purely accidental, for which neither he nor any one else can he said to be in fault. But…
2Cases cited2 opinions
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
3Cited by18 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Indiana Natural Gas & Oil Co. v. O'BrienIndiana Supreme Court · 1903
- Hennesey v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Hazen v. West Superior Lumber Co.Wisconsin Supreme Court · 1895
- Conroy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
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