Molaske v. Ohio Coal Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. This action is to recover damages for personal injuries received by plaintiff when in the employ of defendant company, alleged to have been tbe result of the negligence of the company, in that (1) it failed to provide suitable machinery and appliances for doing the work in which plaintiff was employed; and (2) it employed an incompetent person to work with plaintiff, through whose negligence the injury was inflicted.
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APPEAL from the Circuit Court for Ashland County. This action is to recover damages for personal injuries received by plaintiff when in the employ of defendant company, alleged to have been tbe result of the negligence of the company, in that (1) it failed to provide suitable machinery and appliances for doing the work in which plaintiff was employed; and (2) it employed an incompetent person to work with plaintiff, through whose negligence the injury was inflicted. There is no testimony tending to show any defect in such machinery or appliances, and hence that alleged cause of action…
1Opinion of the Court
LyoN, O. J.
Although upon some of the questions submitted to the jury there is a conflict of testimony, and in some particulars the testimony may be somewhat confused and obscure, yet, after careful consideration, we are of the opinion that it is sufficient to support findings that the exigencies of the business, and the reasonable safety of plaintiff and the other persons employed in the hold of the vessel, required that a person of prudence, caution, and constant watchfulness and attention to his duty should be employed to signal the engineer when to hoist the full buckets; that no such…
2Cited by11 opinions
- Boyce v. Wilbur Lumber Co.Wisconsin Supreme Court · 1903
- Salerno v. City of RacineWisconsin Supreme Court · 1974
- Raim v. VenturaWisconsin Supreme Court · 1962
- Walkowski v. Penokee & Gogebic Consolidated MinesMichigan Supreme Court · 1898
- Bare v. Crane Creek Coal & Coke Co.West Virginia Supreme Court · 1906
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