Burnell v. West Side Railroad
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. The complaint alleges the incorporation and organization of the defendant; that it operates cars by means of electricity as a motive power; that said cars are propelled by mechanical appliances, known as “ electric motors,” placed under the floors of said cars and between the wheels thereof, to which said motor electricity is conducted by means of a brush pressing upon, and in contact with, a cylinder of polished brass,…
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APPEAL from the Superior Court of Milwaukee County. The complaint alleges the incorporation and organization of the defendant; that it operates cars by means of electricity as a motive power; that said cars are propelled by mechanical appliances, known as “ electric motors,” placed under the floors of said cars and between the wheels thereof, to which said motor electricity is conducted by means of a brush pressing upon, and in contact with, a cylinder of polished brass, which rotates when the machinery is in motion, and which cylinder is known as the “commutator;” that the motion induced by…
1Opinion of the CourtCassoday, J.
It appears from the foregoing statement that the danger of injury to the motorman while cleaning the commutator in the manner indicated therein was open and obvious to any person of ordinary intelligence. The plaintiff was at the time twenty-four years of age, and we must assume that he was possessed of such intelligence. Upon his application for employment as such motorman by the defendant, he was put under the instruction of the defendant’s employees for a period of eight days, to fit him for such employment. During that period he had been instructed that it was the motorman’s duty to clean…
2Cases cited7 opinions
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Stephenson v. DuncanWisconsin Supreme Court · 1889
- Chopin v. Badger Paper Co.Wisconsin Supreme Court · 1892
- Paule v. Florence Mining Co.Wisconsin Supreme Court · 1891
- Haley v. Jump River Lumber Co.Wisconsin Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Thompson v. Edward P. Allis Co.Wisconsin Supreme Court · 1895
- Dougherty v. West Superior Iron & Steel Co.Wisconsin Supreme Court · 1894
- Holt v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Jones v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Hopkins v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1931
2 more not listed; retrieve them via the Exa API.