Deisenrieter v. Kraus-Merkel Malting Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: E. N. AustiN, Judge. This was an action to recover compensation for damages-alleged to have accrued to plaintiff by reason of actionable negligence of the defendant. The plaintiff was an employee-of the defendant in the latter’s malting factory in the city of Milwaukee, Wisconsin, and had been such for a long time-prior to the injury complained of.
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Appeal from a judgment of the superior court of Milwaukee county: E. N. AustiN, Judge. This was an action to recover compensation for damages-alleged to have accrued to plaintiff by reason of actionable negligence of the defendant. The plaintiff was an employee-of the defendant in the latter’s malting factory in the city of Milwaukee, Wisconsin, and had been such for a long time-prior to the injury complained of. Part of the business of the factory consisted in treating barley with gases from, burning sulphur and salt in a kiln arranged for that purpose. Plaintiff was familiar with that, and…
1Opinion of the CourtMaeshall, J.
The proximate cause of the injury on the-evidence was a fact to be found by the jury. Questions-were included in the special verdict bearing on the subject,, and in respect thereto the court instructed the jury as follows: “The word ‘proximate’ is used there, and perhaps you ought to be informed as to the meaning of the word. It means the direct, the immediate, the near cause, or the nearest cause the direct cause of the accident. ... I understand the proximate cause to be the direct and efficient cause which produces the result.” Error is assigned on such instructions. That involves a…
2Cases cited20 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
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3Cited by40 opinions
- Pfeifer v. Standard Gateway Theater, Inc.Wisconsin Supreme Court · 1952
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Aune v. Oregon Trunk RailwayOregon Supreme Court · 1935
- Cary v. Preferred Accident InsuranceWisconsin Supreme Court · 1906
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
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