Legal Opinion

Brotzki v. Wisconsin Granite Co.

Wisconsin Supreme Court

Decided April 5, 1910PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Green Late county: Chestee A. Fowleb, Circuit Judge. ■The plaintiff brings this action to recover for personal injuries received on May 28, 1908, by an explosion of blasting powder in defendant’s granite quarry. The defendant owns and operates several granite stone quarries, and the injuries were received in one of these quarries at Berlin, Wisconsin.

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Appeal from a judgment of the circuit court for Green Late county: Chestee A. Fowleb, Circuit Judge. ■The plaintiff brings this action to recover for personal injuries received on May 28, 1908, by an explosion of blasting powder in defendant’s granite quarry. The defendant owns and operates several granite stone quarries, and the injuries were received in one of these quarries at Berlin, Wisconsin. There is a blaster for each of the three pits of this quarry, and the plaintiff was the blaster in one of them at the time of the injury. Plaintiff was thirty-six years of age. About fifteen years…

1Opinion of the CourtSiebecKER, J.

Erom the above detailed statement of the case it is apparent that the defendant had always conducted *386its quarry business, including the operation of blasting, in the manner in which it was being conducted at the time the plaintiff was injured by a premature explosion, and that it had always used steel gauge rods in loading the blast holes with powder, as was done by the plaintiff on this occasion. There is evidence tending to show that the use of such steel gauge rods is liable to cause sparks to be emitted through friction produced by contact of the steel rod with sharp projections of the…

2Cases cited5 opinions

  1. Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
  2. Faber v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905
  3. Dahlke v. Illinois Steel Co.Wisconsin Supreme Court · 1898
  4. Dougherty v. West Superior Iron & Steel Co.Wisconsin Supreme Court · 1894
  5. Rahles v. J. Thompson & Sons Manufacturing Co.Wisconsin Supreme Court · 1909

3Cited by5 opinions

  1. Van Dinter v. Worden-Allen Co.Wisconsin Supreme Court · 1913
  2. Solleim v. Norbeck & Nicholson Co.South Dakota Supreme Court · 1914
  3. Richter v. Union Lime Co.Wisconsin Supreme Court · 1913
  4. Lehigh & Wilkes-Barre Coal Co. v. SawickasCourt of Appeals for the Second Circuit · 1917
  5. Baetz v. Valentine-Clark Co.Wisconsin Supreme Court · 1913

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