Buchman v. Jeffery
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: J. J. Ebuit, Judge. The plaintiff, a common laborer, but with many years’ experience in working at machinery and considerable experience with the machine at which he was injured, was employed to aid another man in operating what is called a drop* hammer, which was arranged so that automatically a belt and pulley served to raise the hammer until it was engaged by a clutch, whereon it rested when not in use, which…
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Appeal from a judgment of the circuit court for Kenosha county: J. J. Ebuit, Judge. The plaintiff, a common laborer, but with many years’ experience in working at machinery and considerable experience with the machine at which he was injured, was employed to aid another man in operating what is called a drop* hammer, which was arranged so that automatically a belt and pulley served to raise the hammer until it was engaged by a clutch, whereon it rested when not in use, which clutch was forced under the hammer by a spring. The business of the plaintiff was, as his fellow-workman placed the…
1Opinion of the Court
The following opinion was filed March 10, 1908:
Dodge, J.
The jury in this case found plaintiff guilty of contributory negligence which, by virtue of the instructions, might have been based upon that particular phase of contributory negligence more commonly designated assumption of the risk. This finding is assailed as unsupported by the evidence. We think there are many theories, any one of which might have been adopted by the jury and found support in the evidence, to justify an inference either of the assumption of the risk from which plaintiff suffered or of negligent acts on his part. The…
2Cases cited4 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Lynch v. Town of WaldwickWisconsin Supreme Court · 1904