Buchman v. Jeffery
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: J. J. Ebuit, Judge. The plaintiff, a common laborer, but with many years’ experience in working at machinery and considerable experience with the machine at which he was injured, was employed to aid another man in operating what is called a drop* hammer, which was arranged so that automatically a belt and pulley served to raise the hammer until it was engaged by a clutch, whereon it rested when not in use, which…
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Appeal from a judgment of the circuit court for Kenosha county: J. J. Ebuit, Judge. The plaintiff, a common laborer, but with many years’ experience in working at machinery and considerable experience with the machine at which he was injured, was employed to aid another man in operating what is called a drop* hammer, which was arranged so that automatically a belt and pulley served to raise the hammer until it was engaged by a clutch, whereon it rested when not in use, which clutch was forced under the hammer by a spring. The business of the plaintiff was, as his fellow-workman placed the…
1DissentTimlin, J.
Duty, as it appears to me, requires a record of this dissent. One of the questions of the special verdict, and the only one bearing upon the subject included, was as follows: “(4) Was the plaintiff wanting in the exercise of ordinary care which contributed to his injury ?” At the request of the defendants’ counsel the court instructed the jury with reference to that question as follows:
“In considering and answering the fourth question, you are instructed that if you find the plaintiff failed to exercise under all the circumstances ordinary care, even in the slightest degree or to the…
2Cases cited4 opinions
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Boyce v. Wilbur Lumber Co.Wisconsin Supreme Court · 1903
- Lynch v. Town of WaldwickWisconsin Supreme Court · 1904