Knudsen v. La Crosse Stone Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Crosse county: E. C. Hig-bbe, Circuit Judge. Action to recover damages for tbe death of plaintiff’s intestate. Tbe deceased while employed by defendant as a blaster was killed, and, as alleged, under tbe following circumstances : Tbe intestate and others under a foreman were put to work for defendant in its stone quarry.
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Appeal from a judgment of tbe circuit court for La Crosse county: E. C. Hig-bbe, Circuit Judge. Action to recover damages for tbe death of plaintiff’s intestate. Tbe deceased while employed by defendant as a blaster was killed, and, as alleged, under tbe following circumstances : Tbe intestate and others under a foreman were put to work for defendant in its stone quarry. There was a shelf of rock some ten feet wide, fifty to seventy feet long, and about fifty feet above the surface below, composed of rock. Erom the back side of the shelf a bank of rock and earth rose upwards, at a sharp angle…
1DissentTimliN, J.
(dissentmg). I make no claim to possess that degree of tenderness and sympathy for the laborer expressed in the foregoing opinion and in Houg v. Girard L. Co. 144 Wis. 337, 352, 129 N. W. 633, 639, and in Driscoll v. Allis-Chalmers Co. 144 Wis. 451, 468, 469, 129 N. W. 401, 408. I proceed solely upon my understanding of the law and justice.
The decedent while engaged in drilling in a quarry with a rock drill was killed by a piece of frozen earth falling on him from a clay ledge above. This frozen chunk had been loosened by some other .workman some hours before and left hanging in a dangerous…
2Cases cited9 opinions
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Hulehan v. Green Bay, Winona & St. Paul RailroadWisconsin Supreme Court · 1887
- Kaukola v. Oliver Iron Mining Co.Michigan Supreme Court · 1910
- Hill v. WinstonSupreme Court of Minnesota · 1898
- McMahon v. Ida Mining Co.Wisconsin Supreme Court · 1897
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