Peterson v. Sherry Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Charles M. Webb, Circuit Judge. This action was brought by the plaintiff, as administratrix of tbe estate of her deceased husband, Peter S. Peterson, to-recover against the defendant damages sustained by the death of her husband, caused by its negligence and default, while in the employ of the defendant in' its steam sawmill,, working at a machine therein called an “ edger.”
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Appeal from a judgment of the circuit court for Wood county: Charles M. Webb, Circuit Judge. This action was brought by the plaintiff, as administratrix of tbe estate of her deceased husband, Peter S. Peterson, to-recover against the defendant damages sustained by the death of her husband, caused by its negligence and default, while in the employ of the defendant in' its steam sawmill,, working at a machine therein called an “ edger.” The allegations of negligence and default on the part of the defendant were denied, and the defendant alleged that the injuries which the intestate, Peter S.…
1Opinion of the CourtPinney, J.
1. Tbe question to be considered is whether there was sufficient evidence to go to the jury to justify a finding that the negligence of the defendant caused the death of the plaintiffs intestate, and whether, upon the entire case, there was sufficient evidence to sustain a verdict for the plaintiff. It is well settled that a mere scintilla of evidence or mere surmise of negligence on the part of the defendant would not be sufficient, and that the jury are not to be permitted to guess at or conjecture a result, and thus arrive at a verdict that must be founded on and sustained by competent…
2Cases cited11 opinions
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Kaples v. OrthWisconsin Supreme Court · 1884
- Showalter v. Fairbanks, Morse & Co.Wisconsin Supreme Court · 1894
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
- Hazen v. West Superior Lumber Co.Wisconsin Supreme Court · 1895
- Colson v. RuleWisconsin Supreme Court · 1962
- Campshure v. Standard Manufacturing Co.Wisconsin Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.