Schmidt v. J. G. Johnson Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: MiOhael Kiuwan, Circuit Judge. This action was brought by plaintiff as executrix to recover for personal injuries sustained by her late husband which resulted in his death. The principal issues involved on the trial were whether defendant furnished a reasonably safe working place, assumption of risk, contributory negligence, and amount of damages.
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Appeal from a judgment of the circuit court for Manito-woc county: MiOhael Kiuwan, Circuit Judge. This action was brought by plaintiff as executrix to recover for personal injuries sustained by her late husband which resulted in his death. The principal issues involved on the trial were whether defendant furnished a reasonably safe working place, assumption of risk, contributory negligence, and amount of damages. The defendant objected to any evidence under the complaint, which objection was overruled. Motions were made by defendant for nonsuit and directed verdict, which were denied. The…
1Opinion of the CourtKeRWIh, J.
The questions raised by the various assignments of error may be classified under three heads: (1) Was there a failure to furnish a reasonably safe working place ? (2) Did the decedent assume the risk and was he warned of the danger? (3) Was he otherwise guilty of contributory negligence ?
A preliminary question is raised by appellant on an objection to evidence under the complaint on the ground that it failed to state a cause of action. The court below overruled the objection and we think no prejudicial error was committed in that regard.
1. Error is assigned because of refusal to grant a…
2Cases cited19 opinions
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Mulcairns v. City of JanesvilleWisconsin Supreme Court · 1886
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
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3Cited by1 opinion
- Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914