Samulski v. Menasha Paper Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eusk county: James Wickham, Circuit Judge. Action to recover for a personal injury. The pleadings were as indicated by the following which the evidence established, or tended to: Plaintiff, a man about twenty-seven years of age of average intelligence and experience, while in the employ of defendant operating a machine, called a barker, was severely injured in his left hand and arm.
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Appeal from a judgment of the circuit court for Eusk county: James Wickham, Circuit Judge. Action to recover for a personal injury. The pleadings were as indicated by the following which the evidence established, or tended to: Plaintiff, a man about twenty-seven years of age of average intelligence and experience, while in the employ of defendant operating a machine, called a barker, was severely injured in his left hand and arm. The general nature of the machine was this: A heavy iron disk-shaped wheel, about four feet in diameter, carried at the end of a shaft, there being on the outer and…
1Opinion of the Court
Maeshaix, T.
Only familiar legal principles are involved in tbis appeal.
Tbe case has been studied and a conclusion reached with full appreciation, it is thought, of tbe rule that if, in a legal action, there is fair room as to a matter of fact for a conclusion on tbe evidence either way, which is correct is a jury question, not to be invaded by judicial interference and of such importance that reasonable doubts should be resolved in favor of tbe decision rendered. But whether there be such doubt when tbe point is raised on motion, is a judicial question which is as exclusively within tbe…
2Cases cited17 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Teche Lines, Inc. v. BoundsMississippi Supreme Court · 1938
- Magnolia Petroleum Co. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1940
- McGuiggan v. HillerWisconsin Supreme Court · 1932
- Booth v. FrankensteinWisconsin Supreme Court · 1932
- Czerniakowski v. National Ice & Coal Co.Wisconsin Supreme Court · 1948
44 more not listed; retrieve them via the Exa API.