Solberg v. Robbins Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Oneida county: A. H. Reid, Circuit Judge. Tbe complaint alleged that tbe defendant was engaged in tbe business of manufacturing and dressing lumber, and tbat defendant bad in operation in its planing mill a machine known as a “matcher,” equipped with rapidly revolving knives and gearing, tbe frame of wbicb was about fifteen feet long and six feet wide, tbe machine being used for surfacing lumber; tbat one foot distant from tbe…
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Appeal from a judgment of tbe circuit court for Oneida county: A. H. Reid, Circuit Judge. Tbe complaint alleged that tbe defendant was engaged in tbe business of manufacturing and dressing lumber, and tbat defendant bad in operation in its planing mill a machine known as a “matcher,” equipped with rapidly revolving knives and gearing, tbe frame of wbicb was about fifteen feet long and six feet wide, tbe machine being used for surfacing lumber; tbat one foot distant from tbe rear end of such matcher a machine known as a lath machine was installed, tbe front end of wbicb faced tbe matcher, tbe…
1Opinion of the CourtBauNes, J.
Appellant insists that the court erred in giving the following instruction to the jury:
“And you should consider and decide whether the plaintiff ever raised and lowered the saws in question by means of the little wheel under the lath machine table, and if you find that he did so before his injury then you will conclude that he must have seen the saws and known that they were not covered, and in that event you should take that into consideration.”
The fault found with the instruction is that the court assumed that it was an established and undisputed fact in the case that the plaintiff must…
2Cases cited13 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
- Northern Surely Co. v. WangardWisconsin Supreme Court · 1904
- Willis v. LanceOregon Supreme Court · 1896
- Neilson v. Chicago, Milwaukee & NorthWestern Railway Co.Wisconsin Supreme Court · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rostad v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1921
- Kuehl v. HamiltonOregon Supreme Court · 1931
- State v. LynchCourt of Appeals of Wisconsin · 2006
- State v. SwiftNorth Dakota Supreme Court · 1926
- Townsend v. StateWisconsin Supreme Court · 1950
3 more not listed; retrieve them via the Exa API.