Stephenson v. Duncan
Wisconsin Supreme Court
. APPEAL from the Circuit Court for Taylor County. Action to recover damages for personal injuries alleged to have resulted from the defendant’s negligence in not providing a proper and safe covering for a saw in his shingle-mill, in which the plaintiff was employed, and in not providing a safe and proper passage-way by such saw, and in allowing the saw to-project over its frame and partly over the passage-way along which the plaintiff was obliged to pass in the performance…
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. APPEAL from the Circuit Court for Taylor County. Action to recover damages for personal injuries alleged to have resulted from the defendant’s negligence in not providing a proper and safe covering for a saw in his shingle-mill, in which the plaintiff was employed, and in not providing a safe and proper passage-way by such saw, and in allowing the saw to-project over its frame and partly over the passage-way along which the plaintiff was obliged to pass in the performance of his duties. Other allegations of the complaint will sufficiently appear from the opinion. The defendant appeals from…
1Opinion of the CourtOole, C. J.
When the plaintiff entered upon his employment of operating the machinery and shingle-mill owned by the defendant, the unsafe condition of such shingle-mill, the fact that the saw was not covered, and that it projected over its frame partly across the narrow passage-way along which he was obliged to go in tightening and loosening the belt, were all matters presumably within his knowledge. The condition of the passage-way and the relation of the saw to it, if unsafe and dangerous, would be seen and comprehended by a person of common intelligence, and the plaintiff assumed the risk incident to…
2Cases cited3 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Hobbs v. StauerWisconsin Supreme Court · 1885
3Cited by31 opinions
- Illinois Steel Co. v. MannIllinois Supreme Court · 1897
- Homestake Min. Co. v. FullertonCourt of Appeals for the Eighth Circuit · 1895
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
- Gunning System v. LapointeIllinois Supreme Court · 1904
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