Jakopac v. Newport Mining Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Chestee A. Eowlee, Judge. Personal injuries. The plaintiff, a Croatian, who could not speak English, was employed by the defendant company as a trammer in the fourteenth level of its mine at Ironwood, Michigan, and was seriously injured by the falling of ore from the roof of a drift, December 21, 1909, he being then about thirty-seven years of age.
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Appeal from a judgment of the circuit court for Milwaukee county: Chestee A. Eowlee, Judge. Personal injuries. The plaintiff, a Croatian, who could not speak English, was employed by the defendant company as a trammer in the fourteenth level of its mine at Ironwood, Michigan, and was seriously injured by the falling of ore from the roof of a drift, December 21, 1909, he being then about thirty-seven years of age. He was one of a shift of four metí., composed of two miners and two trammers. There was a day shift and a night shift, and both were under the direction of a shift boss or foreman…
1Opinion of the CourtWinslow, C. J.
It is very well established that, in the absence of some statutory provision, an adult servant assumes the ordinary risks of his employment, and that the rule requiring the employer to furnish the servant a safe place to work has no proper application to such operations as building or mining and the like, where the working place is constantly changing and the servant is assisting in making the change himself. In the present case, however, the jury have found on sufficient evidence that the plaintiff was assured by the shift boss before he went into that part of the drift where he was hurt…
2Cases cited3 opinions
- Showalter v. Fairbanks, Morse & Co.Wisconsin Supreme Court · 1894
- Guse v. Power & Mining Machinery Co.Wisconsin Supreme Court · 1912
- Holloway v. H. W. Johns-Manville Co.Wisconsin Supreme Court · 1908
3Cited by7 opinions
- Rosholt v. Worden-Allen Co.Wisconsin Supreme Court · 1913
- Adams v. Bucyrus Co.Wisconsin Supreme Court · 1913
- Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914
- M. E. Gillioz, Inc. v. LancasterSupreme Court of Arkansas · 1938
- Cybur Lumber Co. v. ErkhartMississippi Supreme Court · 1918
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