Borden v. Daisy Roller Mill Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. Action for the recovery of compensation for personal injuries alleged to have been received by plaintiff while in the employ of defendant, by reason of a failure of duty on the part of the latter in respect to furnishing plaintiff with a reasonably safe ladder with which to do his work.
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Appeal from a judgment of the superior court of Douglas county: Charles Smith, Judge. Action for the recovery of compensation for personal injuries alleged to have been received by plaintiff while in the employ of defendant, by reason of a failure of duty on the part of the latter in respect to furnishing plaintiff with a reasonably safe ladder with which to do his work. The evidence showed, without dispute, that plaintiff had worked as a millwright in defendant’s flour mill for several months before the injury; that he ivas a person of large experience in such work and very familiar with the…
1Opinion of the CourtMaeshall, J.
It is only when the evidence, and all the* . reasonable inferences from evidentiary facts established thereby, are one way in respect to a fact in issue, that the trial court is warranted in taking it from the jury.' Testing the evidence in the record by that'familiar rule, the instruction given by the trial court to the effect that the ladder was defective and the defendant guilty of actionable negligence as a matter of law, unless plaintiff was guilty of contributory negligence, was a clear, invasion of the province of the jury.
*409Whether a tool is defective, so as to render the person…
2Cases cited9 opinions
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- Ragon v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1893
- Rietman v. StolteIndiana Supreme Court · 1889
- Hazen v. West Superior Lumber Co.Wisconsin Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Stork v. Charles Stolper Cooperage Co.Wisconsin Supreme Court · 1906
- Walker v. ScottSupreme Court of Kansas · 1901
- Howard v. Foster & Kleiser Co.Oregon Supreme Court · 1958
- Meyer v. LadewigWisconsin Supreme Court · 1907
23 more not listed; retrieve them via the Exa API.