Szewczyk v. E. W. Ellis Lumber Co.
Wisconsin Supreme Court
Appeai, from a judgment of the circuit court for Wood ■county: Chas. M. Webb, Circuit Judge. This is an action to recover damages for personal injuries received by the plaintiff, a minor employed in the defendant’s mill. The plaintiff commenced working for the defendant on EriSay, May 7, 1909. On Monday, May 10th, he was put át cutting slabs and other small pieces of wood into shorter lengths on a jump saw.
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Appeai, from a judgment of the circuit court for Wood ■county: Chas. M. Webb, Circuit Judge. This is an action to recover damages for personal injuries received by the plaintiff, a minor employed in the defendant’s mill. The plaintiff commenced working for the defendant on EriSay, May 7, 1909. On Monday, May 10th, he was put át cutting slabs and other small pieces of wood into shorter lengths on a jump saw. The operator of the jump saw places his foot upon a pedal, the revolving cross-cut saw is thereby caused to rise through a slit in the table of the machine, and it cuts the wood placed…
1DissentBauiues, J.
Plaintiff testified that the pedal1 was not guarded at the time of the accident. So did Stain-brook and Baker, two of his boy chums who at the time of the trial had been discharged from defendant’s employ. Baker made a sworn statement after the accident to the effect that he did not know whether the pedal was guarded or not, and to this extent his testimony was impeached. Seven apparently credible witnesses testified on the trial that the" pedal was guarded at the time of the injury. It is obvious that the evidence strongly preponderated in favor of defendant’s contention. Indeed, the able…
2Cases cited3 opinions
- Kavanaugh v. City of WausauWisconsin Supreme Court · 1904
- Blankavag v. Badger Box & Lumber Co.Wisconsin Supreme Court · 1908
- Schumacher v. Tuttle Press Co.Wisconsin Supreme Court · 1910