Miller v. Kimberly & Clark Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Mar-inette county: S. D. HastiNgs, Circuit Judge. This was a controversy between employee -and employer as to whether an injury which happened to the former was caused by actionable negligence of the latter. The injury consisted of the breaking and severely wounding of plaintiff’s right leg, rendering amputation above the knee necessary.
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Appeal from a judgment of tbe circuit court for Mar-inette county: S. D. HastiNgs, Circuit Judge. This was a controversy between employee -and employer as to whether an injury which happened to the former was caused by actionable negligence of the latter. The injury consisted of the breaking and severely wounding of plaintiff’s right leg, rendering amputation above the knee necessary. While he was in the regular course of his. employment in the act of stepping over the uncovered journal end of a shaft which was armed with a safety set-collar having the head of the set-screw sunk to a level…
1Opinion of the CourtMaeshall, J.
It is conceded, as the fact is, that if appellant violated sec. 1636/, Stats. (1898), requiring shafting “so located as to be dangerous to employees in the discharge of their duty” to be “securely guarded or fenced,” then it was guilty of negligence rendering it liable in this action if such negligence was the proximate cause of the injury respondent received without any want of ordinary care on his part contributing thereto.
It is beside the case to argue, as counsel for appellant do in their brief, that the shaft, at the point where the injury was received, was not so located as to be…
2Cases cited5 opinions
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Dillon v. . National Coal Tar Co.New York Court of Appeals · 1905
- Cobb v. WelcherNew York Supreme Court · 1894
- Powalske v. Cream City Brick Co.Wisconsin Supreme Court · 1901
- Connors v. Merchants Manufacturing Co.Massachusetts Supreme Judicial Court · 1904
3Cited by15 opinions
- Caspar v. LewinSupreme Court of Kansas · 1910
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
- Kroger v. Cumberland Fruit Package Co.Wisconsin Supreme Court · 1911
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