Showalter v. Fairbanks, Morse & Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Barron County. This action is brought to recover for personal injuries. The evidence showed that the defendant, in August, 1892, was engaged in putting in a system of waterworks in the city of Pice Lake, and in the course of this work was excavating deep trenches and laying waterpipes through the streets. The plaintiff was employed by defendant, July 29, 1892, to calk the pipe in the trenches. One Elder was the superintendent of the work.
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APPEAL from the Circuit Court for Barron County. This action is brought to recover for personal injuries. The evidence showed that the defendant, in August, 1892, was engaged in putting in a system of waterworks in the city of Pice Lake, and in the course of this work was excavating deep trenches and laying waterpipes through the streets. The plaintiff was employed by defendant, July 29, 1892, to calk the pipe in the trenches. One Elder was the superintendent of the work. Plaintiff began his work of calking pipe on the 30th of July, and continued at the work until August 4th. On the…
1Opinion of the CourtWiNsnow, J.
The nonsuit was granted on the ground; that the plaintiff had assumed the risk. In order to fully understand this question a further statement of the fact» in evidence is necessary.
The proof showed that the plaintiff was a man thirty-seven years of age and of ordinary intelligence; that he-had been employed laying and calking pipe for waterworks-contractors, “ off and on,” for several years and in several cities; that when not engaged in this business he worked as a common laborer; that he had noticed trenches cave in a number of times in other places, and three times at Rice-Lake, the last…
2Cases cited7 opinions
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Toomey v. Eureka Iron & Steer WorksMichigan Supreme Court · 1891
- Kean v. Detroit Copper & Brass Rolling MillsMichigan Supreme Court · 1887
- Linch v. Sagamore Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Paule v. Florence Mining Co.Wisconsin Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- Republic Iron & Steel Co. v. LeeIllinois Supreme Court · 1907
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
- Trent v. Lechtman Printing Co.Missouri Court of Appeals · 1910
- Elgin, Joliet & Eastern Railway Co. v. MyersIllinois Supreme Court · 1907
26 more not listed; retrieve them via the Exa API.