Gardner v. Paine Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: Michael Kirwan, Circuit Judge This is an action.to recover for personal injuries received by tbe plaintiff, November 23, 1901, while operating a machine called a “sticker,” in the planing mill of the defendant at Oshkosh, resulting in the amputation of his right hand.
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Appeal from a judgment of the circuit court for Fond du Lac county: Michael Kirwan, Circuit Judge This is an action.to recover for personal injuries received by tbe plaintiff, November 23, 1901, while operating a machine called a “sticker,” in the planing mill of the defendant at Oshkosh, resulting in the amputation of his right hand. The plaintiff claimed negligence on the part of the defendant (1) in failure to instruct, (2) in furnishing insufficient light, (3) in defective adjustment of the machine, and (4) in absence of spouts to carry the shavings from the knives. It appeared by the…
1Opinion of the CourtWiNsnow, J.
Tbe chief contention made by tbe appellant is tbat tbe undisputed testimony shows that tbe plaintiff was guilty of contributory negligence as a matter of law, and this is tbe only contention which we find it necessary to discuss. Tbe discussion of this question necessarily involves a review of tbe facts upon tbe most favorable theory to the plaintiff which they will reasonably sustain.
The plaintiff was not a boy. He was a man who bad reached tbe age of twenty-six years. He bad attended school from bis seventh to his fourteenth year, and then gone to work as a barber; be bad pursued this trade…
2Cases cited6 opinions
- Groth v. ThomannWisconsin Supreme Court · 1901
- Muench v. HeinemannWisconsin Supreme Court · 1903
- Dougherty v. West Superior Iron & Steel Co.Wisconsin Supreme Court · 1894
- Sheets v. PaineNorth Dakota Supreme Court · 1901
- Koepcke v. Wisconsin Bridge & Iron Co.Wisconsin Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kroger v. Cumberland Fruit Package Co.Wisconsin Supreme Court · 1911
- Hanel v. ObrigewitschNorth Dakota Supreme Court · 1918
- Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914
- Montevilla v. Northern Furniture Co.Wisconsin Supreme Court · 1913
- Schmitt v. Hamilton Manufacturing Co.Wisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.