Legal Opinion

Kolasinski v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided October 3, 1916PublishedCited by 3 opinions

Appeal from a judgment of t-be circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. This action was brought to recover damages resulting from personal injuries sustained by plaintiff’s intestate while in the employ of the defendant and for damages sustained by plaintiff because of the death of her husband which resulted from such injuries.

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Appeal from a judgment of t-be circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. This action was brought to recover damages resulting from personal injuries sustained by plaintiff’s intestate while in the employ of the defendant and for damages sustained by plaintiff because of the death of her husband which resulted from such injuries. The injuries causing death were oc•casioned by a hammer or maul head striking deceased while being used by another employee of defendant. The case was tried to the court and a jury and a special verdict returned. Upon the established facts…

1Opinion of the CourtKeewiN, J.

1. It is established by the verdict that the plaintiff’s husband was injured while in the employ of the •defendant in interstate commerce; that the death of plaintiff’s husband resulted in part by reason of the injuries .sustained while in the employ of the defendant; that the defendant was not negligent in failing to provide plaintiff’s husband with a reasonably safe place to perform his work, considering the nature of the work in hand; that there was a defect in the handle of the maul; that the defect in said handle was not one observable by the exercise of ordinary care; that the defendant…

2Cases cited4 opinions

  1. Badger v. Janesville Cotton MillsWisconsin Supreme Court · 1897
  2. Stork v. Charles Stolper Cooperage Co.Wisconsin Supreme Court · 1906
  3. Meyer v. LadewigWisconsin Supreme Court · 1907
  4. Lehman v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1909

3Cited by3 opinions

  1. Rowland v. Reynolds Electrical Engineering Co.New Mexico Supreme Court · 1951
  2. Karras v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1917
  3. Karras v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1917

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