Rayborn v. Galena Iron Works Co.
Wisconsin Supreme Court
Ai’RIsal from a judgment of tbe circuit court for La Fay-ette county: Gjsoese Clementsoh, Circuit Judge. Action to recover damages for personal injury. Defendant was engaged in wrecking an abandoned mining plant. Plaintiff was directed to remove some boards from tbe roof of tbe engine room. Tbis roof was adjacent to tbe derrick in wbicb tbe boister room was built. Tbe boister-room floor was about eighteen feet from tbe ground.
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Ai’RIsal from a judgment of tbe circuit court for La Fay-ette county: Gjsoese Clementsoh, Circuit Judge. Action to recover damages for personal injury. Defendant was engaged in wrecking an abandoned mining plant. Plaintiff was directed to remove some boards from tbe roof of tbe engine room. Tbis roof was adjacent to tbe derrick in wbicb tbe boister room was built. Tbe boister-room floor was about eighteen feet from tbe ground. In proceeding to tbe engine-room roof plaintiff bad occasion to pass over tbis floor, and wben near tbe outer edge of it one of tbe boards gave way and be fell and was…
1Opinion of the CourtRabNes, J.
The plaintiff urges that the court erred (1) in not awarding him judgment on the verdict, and (2) in not granting a new trial if he was not entitled to judgment on the verdict. A number of grounds for a new trial are argued.
The conclusion reached by this court on the defense of accord and satisfaction obviates the necessity for discussing any other question in the case. By its answer to the first question the jury found that the plaintiff at the time he signed the release was not able to understand its nature. The plaintiff testified that he had suffered a great deal of .pain and had been…
2Cases cited7 opinions
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Conant v. Estate of KimballWisconsin Supreme Court · 1897
- Albrecht v. Milwaukee & Superior Railway Co.Wisconsin Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Olfe v. GordonWisconsin Supreme Court · 1980
- D'ANGELO v. Cornell Paperboard Products Co.Wisconsin Supreme Court · 1963
- Wisconsin Patients Compensation Fund v. Wisconsin Health Care Liability Insurance PlanWisconsin Supreme Court · 1996
- Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
- State Ex Rel. Collins v. American Family Mutual InsuranceWisconsin Supreme Court · 1990
6 more not listed; retrieve them via the Exa API.