Luebke v. Berlin Machine Works
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. This action was brought by the plaintiff, as administrator of his deceased minor son, John Luebke, to recover damages sustained b the plaintiff by reason of the death of the said John Luebke, caused, as it is alleged, by the negligence of the defendant when he was in its employ; and the plaintiff obtained a verdict and judgment, from which the defendant appealed.
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APPEAL from the Circuit Court for Rock County. This action was brought by the plaintiff, as administrator of his deceased minor son, John Luebke, to recover damages sustained b the plaintiff by reason of the death of the said John Luebke, caused, as it is alleged, by the negligence of the defendant when he was in its employ; and the plaintiff obtained a verdict and judgment, from which the defendant appealed. The defendant owned and operated a foundry and machine shop situated on and partly over a mill race along Bock river, at Beloit. From a platform of the building a foot bridge extended…
1Opinion of the CourtPinney, J.
The evidence tends very strongly to show that the dangers to which the plaintiff’s intestate was exposed in his service and in crossing the foot bridge with the wheelbarrow loaded with flour, whether arising from the defective and dangerous construction of the bridge or the *448use of the worn out and rickety wheelbarrow, were open and obvious, and that he must have been familiar with the situation for a period of about three months, during which he was engaged in the core room, and immediately prior to the accident. Had he been an adult, it is difficult to see upon what ground it could be said…
2Cases cited6 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
- Chopin v. Badger Paper Co.Wisconsin Supreme Court · 1892
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Haley v. Jump River Lumber Co.Wisconsin Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Larsson v. McClureWisconsin Supreme Court · 1897
- Renne v. United States Leather Co.Wisconsin Supreme Court · 1900
- Bier v. HosfordWashington Supreme Court · 1904
19 more not listed; retrieve them via the Exa API.