Pauloni v. Simmons Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. Action for personal injury.
Read the full summary
Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. Action for personal injury. On October 13, 1909, while plaintiff was in tbe employ of defendant as a molder, and while pouring molten iron into a chill or mold clamped about a tubing on a metal bed for the purpose of making an ornamental and useful enlargement thereon, a blowout occurred in the chill, whereby the molten metal was forcibly ejected •and thrown into plaintiff’s face, destroying his right eye and impairing the vision of the other. Plaintiff claims the injury was caused by the defendant…
1Opinion of the CourtViNje, J.
When the evidence was closed only a few material controverted questions of fact remained for determination. These were: (1) Did defendant negligently furnish plaintiff with rusty, moist tubing? (2) If so, was defendant’s negligence the proximate cause of plaintiff’s injury ? (3) Did plaintiff know, or was he chargeable with knowledge of the fact, that a blowout might result from pouring molten metal on moist tubing? (4) Contributory negligence; and (5) Damages. It stood admitted that defendant knew it was dangerous to pour molten metal on moist tubing and that it had not warned plaintiff of…
2Cases cited3 opinions
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Harsen v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1909
- Corrigan v. City of AntigoWisconsin Supreme Court · 1913
3Cited by3 opinions
- Sheehan v. LewisWisconsin Supreme Court · 1935
- McKee v. Oconto National BankWisconsin Supreme Court · 1933
- Nowicki v. Northwestern National Casualty Co.Wisconsin Supreme Court · 1944