Casey v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Oroix county: E. B. Bundy, Circuit Judge. The plaintiff was a boy of eighteen years and weighed-175 pounds. He had lived all his life upon a farm and was accustomed to work. He had been to school, and had a fair common-school education, and was of fully ordinary intelligence. He was employed by the defendant to load dirt and loose stones upon flat cars.' The dirt was removed from the, top of a rock cut.
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Appeal from a judgment of the circuit court for St. Oroix county: E. B. Bundy, Circuit Judge. The plaintiff was a boy of eighteen years and weighed-175 pounds. He had lived all his life upon a farm and was accustomed to work. He had been to school, and had a fair common-school education, and was of fully ordinary intelligence. He was employed by the defendant to load dirt and loose stones upon flat cars.' The dirt was removed from the, top of a rock cut. It was carried in wheelbarrows along and over- a timber eight inches by ten inches, to the car. It was a plain timber, without .¡guards of…
1Opinion of the CourtNewman, J.
This seems clearly to be a case where the plaintiff assumed the risk of an obvious danger. The dan*115ger was entirely open and apparent to ordinary apprehension. There was nothing occult about it. It required no high degree of intelligence or extensive experience to appreciate it. The plaintiff, though an infant in years, was a boy of at least average intelligence and experience. He could not fail to know that by natural law a hurt is the consequence of a fall. Nor could he fail to discern and appreciate the danger of the employment in-which he was engaged. Nothing happened which he did not…
2Cases cited7 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
- Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Mississippi River Logging Co. v. SchneiderCourt of Appeals for the Seventh Circuit · 1896
- Renne v. United States Leather Co.Wisconsin Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.