Legal Opinion

Kruck v. Wilbur Lumber Co.

Wisconsin Supreme Court

Decided January 9, 1912PublishedCited by 6 opinions

Appeal from a judgment oí tbe circuit court for Milwaukee county: F. C. Eschweileb, Circuit Judge. This is an action to recover damages for personal injuries received by the plaintiff August 13, 1909, while working at. a machine called a “molding sticker” in defendant’s planing mill at Waukesha, resulting in the amputation of four fingers-of his left hand.

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Appeal from a judgment oí tbe circuit court for Milwaukee county: F. C. Eschweileb, Circuit Judge. This is an action to recover damages for personal injuries received by the plaintiff August 13, 1909, while working at. a machine called a “molding sticker” in defendant’s planing mill at Waukesha, resulting in the amputation of four fingers-of his left hand. The plaintiff was seventeen years old at the time of the injury and had been employed by defendant continuously for about a year and a half previous thereto;, during all of which time, except about two weeks before the injury, he worked…

1Opinion of the CourtVinje, J.

The jury found that the belt which ran the inside head of the machine plaintiff operated was so located as to be dangerous to employees in the discharge of their duties. The evidence is conclusive and undisputed that the belt which ran the bottom, head was meant; and it is evident the jury were not misled by the use of the word inside instead of the word bottom. The testimony was all directed to the one belt, hence the mistake in describing it became immaterial. This belt was so located that when plaintiff attempted to adjust the inside head with the wrench it came within two or three inches…

2Cases cited3 opinions

  1. Sharon v. Winnebago Furniture Manufacturing Co.Wisconsin Supreme Court · 1910
  2. Peck v. City of BarabooWisconsin Supreme Court · 1909
  3. Schmitt v. SeefeldWisconsin Supreme Court · 1909

3Cited by6 opinions

  1. Wilson v. StateWisconsin Supreme Court · 1973
  2. Schauer v. BodenheimerWisconsin Supreme Court · 1912
  3. Grimes v. SnellWisconsin Supreme Court · 1921
  4. Knutson v. FenelonWisconsin Supreme Court · 1929
  5. Koch v. Wisconsin Pea Canners Co.Wisconsin Supreme Court · 1913

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