Legal Opinion

Monaghan v. Northwestern Fuel Co.

Wisconsin Supreme Court

Decided October 26, 1909PublishedCited by 14 opinions

Appeal from a judgment of the circuit court for Douglas, county: A. J. .Vimwe, Circuit Judge. Action to recover damages for a personal injury. Plaintiff was.employed by defendant on its coal dock. Coal was. elevated and screened at such, dock, and tbe necessary power-was furnished by electric motors. Plaintiff had been in charge of one of such motors for about eleven months before the injury.

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Appeal from a judgment of the circuit court for Douglas, county: A. J. .Vimwe, Circuit Judge. Action to recover damages for a personal injury. Plaintiff was.employed by defendant on its coal dock. Coal was. elevated and screened at such, dock, and tbe necessary power-was furnished by electric motors. Plaintiff had been in charge of one of such motors for about eleven months before the injury. The motor was stopped and started by plaintiff' on signal, and it was his duty to oil the machinery connected therewith and keep it in running order. Power was delivered from said motor through a number…

1Opinion of the CourtBabNes, J.

The appellant assigns as error: (1) The refusal of the court to give certain instructions which were requested; (2) the charge of the court under the first question in the special verdict; (3) failure of the court to give any charge in relation to the second question in the special verdict; (4) giving an erroneous definition of proximate cause; (5) receiving incompetent testimony prejudicial to the de*461fendant; (6) prejudicial and improper remarks made to tbe jury by plaintiff’s counsel; (I) refusal of tbe court to direct a verdict in defendant’s favor, (a) because tbe gearing upon wbicb…

2Cases cited5 opinions

  1. Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
  2. Klotz v. Power & Mining Machinery Co.Wisconsin Supreme Court · 1908
  3. Lind v. Uniform Stave & Package Co.Wisconsin Supreme Court · 1909
  4. Feldschneider v. Chicago, Milwakuee & St. Paul Railway Co.Wisconsin Supreme Court · 1904
  5. Newton v. WhitneyWisconsin Supreme Court · 1890

3Cited by14 opinions

  1. Pfeifer v. Standard Gateway Theater, Inc.Wisconsin Supreme Court · 1952
  2. Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
  3. Plainse v. EngleWisconsin Supreme Court · 1953
  4. Lamb v. Wagner Manufacturing Co.Supreme Court of Iowa · 1912
  5. Janiak v. Milwaukee Western Fuel Co.Wisconsin Supreme Court · 1914

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