Fandek v. Barnett & Record Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: GL N. Risjobd, Circuit Judge. Action for personal injury originally begun by Ernest Samida to recover damages for injuries sustained by him on January 21, 1913, while employed by the defendant in unloading and piling spouts belonging to an ore dock that was being repaired.
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Appeal from a judgment of the circuit court for Ashland county: GL N. Risjobd, Circuit Judge. Action for personal injury originally begun by Ernest Samida to recover damages for injuries sustained by him on January 21, 1913, while employed by the defendant in unloading and piling spouts belonging to an ore dock that was being repaired. On March 8, 1913, Samida died as a result' of his injuries and the action was thereafter revived in the name of plaintiff as executor of the will of Samida. The spouts which the deceased assisted in unloading were about thirty feet long, two feet deep, four…
1Opinion of the Court
Tbe following opinion was filed March 2, 1915:
Vinje, J.
Tbe trial court changed tbe answer to question 6 from “Yes” to “No” and exonerated tbe deceased from contributory negligence on tbe ground tbat bis conduct did not amount to contributory negligence but to an assumption of risk only. In bis opinion tbe judge says:
“Tbe evidence in this case bearing upon tbe conduct of tbe deceased resolves itself into tbe question of whether going into tbe spout to get tbe plates out, knowing and appreciating as be'did bow tbe upper spout was being supported, was an act of negligence on bis part…
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- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
- Besnys v. Herman Zohrlaut Leather Co.Wisconsin Supreme Court · 1914
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- Frei v. FreiWisconsin Supreme Court · 1953
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