Kenese v. Cudahy Bros.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. Tbis action was brought by tbe plaintiff to recover damages for personal injuries alleged to bave been suffered by him while in the defendant’s employ.
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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. Tbis action was brought by tbe plaintiff to recover damages for personal injuries alleged to bave been suffered by him while in the defendant’s employ. The negligence charged was failure to provide a safe place in which to work, safe employment, safe equipment and appliances, failure to warn the plaintiff of the danger incident to his employment, and, more specifically, negligence in putting plaintiff to work removing barrels of meat in which nails protruded from the top and side where plaintiff was…
1Opinion of the CourtSiebeoKER, J.
It is contended that the trial court erred in setting aside the jury’s finding to the effect that the re*380lease obtained, by defendant in settlement of claims and demands-for plaintiff’s injury was procured from plaintiff by fraud, and that such error resulted from an improper application by the court of the following rule to the case: “That to impeach a formal written instrument on the ground of fraud or mistake the proof must be clear and convincing beyond reasonable controversy.” The trial court so instructed the jury and manifestly applied this rule to the case in setting aside the jury’s…
2Cases cited4 opinions
- Bowe v. GageWisconsin Supreme Court · 1906
- Steffen v. Supreme Assembly of the DefendersWisconsin Supreme Court · 1907
- Demark v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
- Bessey v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Wisconsin Supreme Court · 1913
3Cited by3 opinions
- Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
- Hanley v. HinesWisconsin Supreme Court · 1922
- Weil-McLain Co. v. Maryland Casualty Co.Wisconsin Supreme Court · 1935