Blankavag v. Badger Box & Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Plaintiff, a boy sixteen years of age, was injured while at work on a recessing machine planing out a recess in a board by shoving it over the top of a table in which is set a cutter head.
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Appeal from a judgment of tbe circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Plaintiff, a boy sixteen years of age, was injured while at work on a recessing machine planing out a recess in a board by shoving it over the top of a table in which is set a cutter head. The negligence alleged was that the machine was defective, unsafe, and out of repair, and the knives unguarded and contained no contrivance to prevent the operator being injured, which facts were known to defendant but not to plaintiff ; that plaintiff was inexperienced and ignorant of the danger, which was known to…
1Opinion of the Court
EhsuwiN, .J.
1. Error is assigned because the court refused to render judgment for defendant upon the undisputed ■evidence and change the answers of the jury to the questions in the special verdict. This contention is based upon the argument that there was no evidence of negligence because of failure to warn and no evidence of any notice to defendant that the plaintiff did not in fact comprehend all that a person ■of his age and intelligence ought reasonably to be expected to know, and therefore there was no duty to instruct unless the defendant ought reasonably to have anticipated that the…
2Cases cited6 opinions
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Odegard v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1907
- Kavanaugh v. City of WausauWisconsin Supreme Court · 1904
- Hart v. GodkinWisconsin Supreme Court · 1904
- Pelitier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Wawrzyniakowski v. Hoffman & Billings Manufacturing Co.Wisconsin Supreme Court · 1911
- Anderson v. SparksWisconsin Supreme Court · 1910
- Palmer v. SchultzWisconsin Supreme Court · 1909
- Lomoe v. Superior Water, Light & Power Co.Wisconsin Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.