Nickas v. Hines
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. On the 1st day of November, 1919, the plaintiff was in the employ of the Chicago & Northwestern Railway Company, as a section hand, at Kimberly, Wisconsin. A portion of his work consisted in removing old ties and substituting new ones in the roadbed. To move the ties it was customary to drive a pick into them and then pull on the handle of the pick.
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Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. On the 1st day of November, 1919, the plaintiff was in the employ of the Chicago & Northwestern Railway Company, as a section hand, at Kimberly, Wisconsin. A portion of his work consisted in removing old ties and substituting new ones in the roadbed. To move the ties it was customary to drive a pick into them and then pull on the handle of the pick. While plaintiff was pulling one of the ties the hold of the pick in the tie gave way and plaintiff fell backwards and sustained personal injuries. He…
1Opinion of the CourtOwen, J.
The civil court rendered judgment in favor of the defendant, notwithstanding the verdict, on the ground that the undisputed evidence showed that plaintiff had assumed the risk, which is held to constitute a defense under the federal employers’ liability act. Plaintiff grounds his action on the proposition that the pick with which he was supplied was so dull that it was impossible to sink it sufficiently deep into a tie to obtain a secure hold thereon; that because of its dullness it constituted an unsafe tool with which to work; that he protested to the section foreman, who promised to supply…
2Cases cited12 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Meador v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1894
- Yerkes v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1901
- Corcoran v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. BrentfordTexas Supreme Court · 1891
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3Cited by4 opinions
- Frei v. FreiWisconsin Supreme Court · 1953
- Haile v. EllisWisconsin Supreme Court · 1958
- Shurkus v. Gate City Foundry Co.Supreme Court of New Hampshire · 1927
- Haile v. EllisWisconsin Supreme Court · 1958