Janiak v. Milwaukee Western Fuel Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNbb, Circuit Judge. Action for personal injuries sustained October 25, 1911. Defendant was engaged in tbe coal business, and in order to facilitate tbe loading of coal it was elevated by means of conveyors into bins or hoppers supported by heavy upright timbers.
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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNbb, Circuit Judge. Action for personal injuries sustained October 25, 1911. Defendant was engaged in tbe coal business, and in order to facilitate tbe loading of coal it was elevated by means of conveyors into bins or hoppers supported by heavy upright timbers. Adjacent to where plaintiff was hurt was a passageway for teams used in loading coal into wagons which were driven close to the upright timbers supporting the elevated bins. Just inside one of such upright timbers, and running at right angles to the passageway,…
1Opinion of the Court
YiNje, J,
The chief contention of the defendant is that plaintiff was guilty of contributory negligence as a matter of law in stepping south of the horizontal timber to clean out and fill the oil box and attend to the grease cup, as in doing so he placed himself in close proximity to the revolving shaft. It is claimed that he could have stood in a perfectly safe place by remaining in the passageway and cleaning out the oil box by reaching partly around the upright timber. That the box as well as the grease cup could have been safely attended to by standing in the passageway is unquestionably…
2Cases cited4 opinions
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- Monaghan v. Northwestern Fuel Co.Wisconsin Supreme Court · 1909
- Murray v. Paine Lumber Co.Wisconsin Supreme Court · 1914
- Scieczinski v. Filer, & Stowell Co.Wisconsin Supreme Court · 1911
3Cited by3 opinions
- Fandek v. Barnett & Record Co.Wisconsin Supreme Court · 1915
- Vogelsburg v. Mason & Hanger Co.Wisconsin Supreme Court · 1947
- Kielar v. Fred Miller Brewing Co.Wisconsin Supreme Court · 1917