Rysdorp v. George Pankratz Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto-county: S. I). Hastings, Je., Circuit Judge. The action is for a personal injury. The defendant owned and operated a sawmill. The plaintiff was foreman of defendant’s mill. He was thirty-nine years old, and an experienced millwright and foreman. Defendant’s mill was-what is called a single-band sawmill.
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Appeal from a judgment of the circuit court for Oconto-county: S. I). Hastings, Je., Circuit Judge. The action is for a personal injury. The defendant owned and operated a sawmill. The plaintiff was foreman of defendant’s mill. He was thirty-nine years old, and an experienced millwright and foreman. Defendant’s mill was-what is called a single-band sawmill. The frame which supports the saw, and by which proper tension is given to it, is-a hollow cylinder of iron, in two parts. The outer and upper portion, which is called the sleeve, covers the upper part of the lower section, and rests upon a…
1Opinion of the CourtNewmaN, J.
Two principal errors are claimed: (1) That the special verdict is insufficient to support the judgment; and' (2) that the evidence fails to establish defendant’s negligence.
The criticism on the verdict is that it fails to find that the unsafe condition of the mill was negligence, or that it *625-caused plaintiff’s accident. It is elementary that, in order to make the defendant liable, the unsafe condition of the mill must be by fault of the defendant, and must have been the cause of the accident. Both these elements must be found as facts by,the proper trier of the issues of fact; if in doubt…
2Cases cited2 opinions
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1896
- Welsh v. Town of ArgyleWisconsin Supreme Court · 1895
3Cited by6 opinions
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Reino v. Montana Mineral Land Development Co.Montana Supreme Court · 1909
- Parke, Austin & Lipscomb, Inc. v. SexauerWisconsin Supreme Court · 1931
- Welch v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.