Muenchow v. Theo. Zschetzsche & Son Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: Michael BÚRWAn, Circuit Judge. December 9, 1896, William Muenchow was an employee of the defendant in a tannery. His work was piling hides on a press and operating the press by means of machinery. Over the press and near where Muenchow was obliged to stand while at his work, and in dangerous proximity to him, was a revolving iron shaft.
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Appeal from a judgment of the circuit court for Sheboy-gan county: Michael BÚRWAn, Circuit Judge. December 9, 1896, William Muenchow was an employee of the defendant in a tannery. His work was piling hides on a press and operating the press by means of machinery. Over the press and near where Muenchow was obliged to stand while at his work, and in dangerous proximity to him, was a revolving iron shaft. No instruction was given him regarding the dangers to be apprehended therefrom while in the performance of his duties. In some way he came in contact with the shaft and was wound about it and…
1Opinion of the CourtMarshall, J.
The all-important question for decision in this case is, Does the evidence conclusively show that the deceased assumed the risk of being injured by the unguarded shaft ? If that question must be decided in the affirmative, the trial court erred in not granting a nonsuit as asked for by appellant’s counsel, and we need not consider any assignment of error except the one involving that subject, since there is no reasonable probability, from anything appearing in the record, that the situation can be made to appear more favorable for respondent upon another trial. As indicated in the statement…
2Cases cited9 opinions
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Ford v. Mount Tom Sulphite Pulp Co.Massachusetts Supreme Judicial Court · 1899
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3Cited by3 opinions
- Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
- Upthegrove v. Jones & Adams Coal Co.Wisconsin Supreme Court · 1903
- Monahan v. Fairbanks-Morse Manufacturing Co.Wisconsin Supreme Court · 1911