Grant v. Keystone Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: JonN K. Paeish, Circuit Judge. This is an action to recover damages sustained by tbe plaintiff while in tbe employ of tbe defendant as bead sawyer in running a circular saw and by being struck by a board thrown against him by an edger situated fifty-seven feet from where be stood at tbe time he was injured.
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Appeal from a judgment of tbe circuit court for Ashland county: JonN K. Paeish, Circuit Judge. This is an action to recover damages sustained by tbe plaintiff while in tbe employ of tbe defendant as bead sawyer in running a circular saw and by being struck by a board thrown against him by an edger situated fifty-seven feet from where be stood at tbe time he was injured. Issue being joined and trial bad, tbe court, at tbe close of the trial, directed a verdict in favor of tbe defendant. From tbe judgment entered thereon tbe plaintiff ajipeals. The facts essential to appreciate tbe questions…
1Opinion of the CourtCassoday, C. J.
It is said that the trial court directed the verdict in favor of the defendant on the ground that it ■appears from the undisputed evidence that the plaintiff was guilty of contributory negligence or assumed the risk. The accident occurred about 2 o’clock in the afternoon of April 30, 1902. There is evidence tending to prove that the duties of the plaintiff as such head sawyer did not require him to have •anything to do with the operation of the gang edger; that he never worked upon that edger, and had nothing to .do with the men running that edger; that his work was different work, and was…
2Cases cited20 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
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- Glettler v. Sheboygan Light, Power & Railway Co.Wisconsin Supreme Court · 1906
- Hocking v. Windsor Spring Co.Wisconsin Supreme Court · 1905
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