Klotz v. Power & Mining Machinery Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: ObRen T. WilliaMs, Circuit Judge. This is an action for damages for personal injuries received by the plaintiff at the plant of the defendant in having his arm drawn into an unprotected and exposed gearing on a lathe.
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Appeal from a judgment of tbe circuit court for Milwaukee county: ObRen T. WilliaMs, Circuit Judge. This is an action for damages for personal injuries received by the plaintiff at the plant of the defendant in having his arm drawn into an unprotected and exposed gearing on a lathe. The complaint alleges that this gearing was so situated as to be dangerous to employees, that it was wholly unguarded, and that such gearing generally is and can be guarded without interfering with the usefulness and operation of the machine. The negligence assigned is the failure of the defendant to furnish a…
1Opinion of the CourtSiebecKER, J.
In the absence of the statutory provision — sec. 163Qjjj Stats. (Supp. 1906; Laws of 1905, ch. 303), — under the common-law principle it is clear that plaintiff would be held to have assumed the risk arising from the absence of a proper guard for the gearing in which he was caught and injured. But this section of the statutes •enacts that “if it appear that the injury was caused by the *109negligent omission of bis employer to guard or protect bis machinery . . .” where said employee was injured, as required by law, then continuance in such employment by such employee, “with knowledge of such…
2Cases cited5 opinions
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Norfolk & Western Railway Co. v. Cheatwood's AdministratrixSupreme Court of Virginia · 1905
- Buckner v. Richmond & Danville RailroadMississippi Supreme Court · 1895
- Schulte v. Pfaudler Co.Michigan Supreme Court · 1907
3Cited by16 opinions
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
- Lind v. Uniform Stave & Package Co.Wisconsin Supreme Court · 1909
- West v. Bayfield Mill Co.Wisconsin Supreme Court · 1910
- Monaghan v. Northwestern Fuel Co.Wisconsin Supreme Court · 1909
- Shaver v. DavisWisconsin Supreme Court · 1922
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