Naylor v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. The plaintiff was in the service of the defendant company, working, with many others, in a. gravel-pit a short distance from Baraboo. His business was to shovel gravel and earth upon cars which were backed into the pit.
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APPEAL from the Circuit Court for Saule County. The plaintiff was in the service of the defendant company, working, with many others, in a. gravel-pit a short distance from Baraboo. His business was to shovel gravel and earth upon cars which were backed into the pit. He was so employed about three months in the summer and fall of 1879. In October or November of that year, while he was so at work, a bank of earth under which he was excavating fell upon him and seriously injured him. This action was brought to recover damages for the injury. The alleged ground of action is, that the defendant…
1Opinion of the CourtLyon, J.
Undoubtedly the general rule of law is, that the implied contract between master and servant requires the master to provide suitable means, appliances and instrumentalities to enable the servant to do his work as safely as the necessary hazards of the employment will permit. It is well settled, however, that the master may conduct his business in his oavu way, although another method might be less hazardous; and the servant takes the risk of the more hazardous method as well, if he knows the danger attending the business in the manner in which it is conducted. Hence, if a servant, knowing the…
2Cases cited3 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Strahlendorf v. RosenthalWisconsin Supreme Court · 1872
3Cited by58 opinions
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Faber v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905
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