Strahlendorf v. Rosenthal
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Tbe plaintiff was employed by tbe defendant in sinking a shaft for copper.
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APPEAL from tbe Circuit Court for Winnebago County. Tbe plaintiff was employed by tbe defendant in sinking a shaft for copper. When tbe excavation bad reached a depth of something more than fifty feet, and when all but tbe lower 'twelve feet thereof was properly curbed, tbe plaintiff being at tbe bottom engaged in loading tbe bucket with loose earth, preparatory to curbing tbe lower part of tbe shaft, a quantity of earth from tbe side of tbe excavation, and just below tbe curbing, fell upon him and so injured him that be will undoubtedly be crippled for life. This action was brought to…
1Opinion of the CourtLyoN, J.
Several exceptions were taken during the trial, on behalf of the defendant, to the rulings of the court upon objections to testimony and to the charge given to the jury,, but none of them were insisted upon by the learned counsel for the defendant in his argument in this court, as grounds for reversing the judgment of the circuit court. It becomes unnecessary, therefore, to consider such exceptions.
It is claimed that such judgment is erroneous and should be reversed for the following alleged reasons:
1. Because the complaint does not state the cause of action to which the testimony introduced…
2Cited by20 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
- Gumz v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1881
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