Boelter v. Ross Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Mara-thón county: W. 0. SilvebthoeN, Circuit Judge. They argued, among other things, that the rule requiring the master to furnish his servant with reasonably safe machinery and appliances does not apply to a common and simple implement such as an ordinary lumber wagon, especially in the hands of an experienced servant having as much knowledge of the ' . & character of the implement and its use as the master himself.
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Appeal from a judgment of tbe circuit court for Mara-thón county: W. 0. SilvebthoeN, Circuit Judge. They argued, among other things, that the rule requiring the master to furnish his servant with reasonably safe machinery and appliances does not apply to a common and simple implement such as an ordinary lumber wagon, especially in the hands of an experienced servant having as much knowledge of the ' . & character of the implement and its use as the master himself. Ma/rsh v. Chiek&ring, Í01 N. T. 396; Cahill v. IRlton, 106 N. Y. 512; Meador v. L. S. & M. S. B. Co. 138 Inch 290; Borden v. Daisy…
1Opinion of the Court
Oassoday, C. J".
This is an action to recover damages for personal injury sustained by the plaintiff while in the defendant’s employ as teamster engaged in drawing a load of lumber, by reason of one of the wheels breaking down, thereby throwing the plaintiff off from! the top of the load to the ground, and severely injuring him. Issue being joined *327and trial had, at the close of the trial the jury returned a general verdict, wherein they found for the plaintiff, and assessed his damages at §5,000. Erom the judgment entered thereon the defendant brings this appeal.
1. It is contended that upon…
2Cases cited13 opinions
- Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Yerkes v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1901
- Rhyner v. City of MenashaWisconsin Supreme Court · 1900
- Hanlon v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
14 more not listed; retrieve them via the Exa API.