Zoesch v. Flambeau Paper Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNje, Circuit Judge. This is an action by the plaintiff, as administratrix, to recover damages for the death of one Bernard Zoesch, her husband, an employee of the defendant, which death is alleged to have been caused by the negligence of the defendant in not furnishing him a safe place to work and not instructing him or warning him of the danger to be apprehended.
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Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNje, Circuit Judge. This is an action by the plaintiff, as administratrix, to recover damages for the death of one Bernard Zoesch, her husband, an employee of the defendant, which death is alleged to have been caused by the negligence of the defendant in not furnishing him a safe place to work and not instructing him or warning him of the danger to be apprehended. At the time of his death the intestate was a common laborer about thirty years of age and had been employed for a year by the defendant in its paper mill at…
1Opinion of the Court
Winslow, O. J.
Four general contentions are made in support of the judgment of nonsuit, viz.: (1) That it appears *275tbat tbe respondent furnished a reasonably safe place and appliances; (2) that the deceased was not within the line of his employment, or was disobeying orders, when the accident happened; (8) that the manner in which the accident happened is mere matter of conjecture; and (4) that, if this latter proposition be not correct, then the accident was caused by the negligence of the deceased himself.
1. We cannot regard the first proposition as sound. Steam in large quantities and under…
2Cases cited4 opinions
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
- Hughes v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1904
- Johnson v. St. Paul & Western Coal Co.Wisconsin Supreme Court · 1906
- Christianson v. Pioneer Furniture Co.Wisconsin Supreme Court · 1896
3Cited by8 opinions
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Fort Wayne & Wabash Valley Traction Co. v. RoudebushIndiana Supreme Court · 1909
- First National Bank v. Industrial CommissionWisconsin Supreme Court · 1915
- Dixon v. RussellWisconsin Supreme Court · 1914
- Fisher v. GibbWisconsin Supreme Court · 1964
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