Kaczmarek v. Geuder, Paeschke & Frey Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: OeRen T. Williams, Circuit Judge. This is an action to recover for personal injuries. On .the 28th of June, 1910, the plaintiff, a boy sixteen years and eleven months of age, who had reached the seventh grade in the public schools, was set at work by the defendants operating a stamping machine or press at their tinware factory.
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Appeal from a judgment of the circuit court for Milwaukee county: OeRen T. Williams, Circuit Judge. This is an action to recover for personal injuries. On .the 28th of June, 1910, the plaintiff, a boy sixteen years and eleven months of age, who had reached the seventh grade in the public schools, was set at work by the defendants operating a stamping machine or press at their tinware factory. He worked from 7 o’clock a. m. through the morning hours without difficulty, but a few minutes after commencing work in the afternoon he lost two fingers of his right hand by their being caught between…
1Opinion of the CourtWikslow, C. J.
When an employer sets an employee at work at a machine in the operation of which there lurks a concealed danger which the employer either knows or ought to know about, but of whose existence the employee does not know, and cannot know by the use of ordinary care, the employer is guilty of negligence if he give the employee no sufficient warning thereof, and if under such circumstances the employee suffers injury by reason of such concealed danger, while himself exercising ordinary care, the employer’s negligence is actionable. These principles are so familiar that citation of authorities is…
2Cases cited2 opinions
- Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
- Mathwig v. MannWisconsin Supreme Court · 1897
3Cited by2 opinions
- Carleton v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1915
- E. D. Wesley Co. v. City of New BerlinWisconsin Supreme Court · 1974