Sherman v. Menominee River Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: The plaintiff was an employee of the defendant, working for the latter in its mill-yard' and in and about its mill; and while so working in its mill, and near a machine called an eclger, he was injured by a plank sixteen feet long and two inches thick, which was thrown backward from the edger.
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APPEAL from the Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: The plaintiff was an employee of the defendant, working for the latter in its mill-yard' and in and about its mill; and while so working in its mill, and near a machine called an eclger, he was injured by a plank sixteen feet long and two inches thick, which was thrown backward from the edger. His place of work was behind and a little to one side of the edger. The plank -which was thrown backward from the edger struck the appellant on his leg and…
1Opinion of the CourtTaylor, J.
After a careful consideration of the evidence found in the record, we are of the opinion that the learned judge erred in holding — first, that there was an entire lack of evidence tending to show that the edger was out of repair at the time the accident occurred; and, second, in holding that if there was some evidence tending to show such defect in the edger,-still the plaintiff could not recover, because the evidence conclusively showed that such defect, if it existed, was not the proximate cause of the plaintiff’s injury. We think the evidence in the case on the part of the plaintiff tends…
2Cases cited10 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Boyce v. FitzpatrickIndiana Supreme Court · 1881
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Stetler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1879
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3Cited by15 opinions
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- Maw v. Coast Lumber Co.Idaho Supreme Court · 1911
- Tanner v. HarperSupreme Court of Colorado · 1904
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