Darcey v. Farmers' Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: Ohas. Y. BakueeN, Circuit Judge. The facts are stated in the opinion. Thejr contended, inter ■alia, that both the employer and employee stand upon the same footing of responsibility in respect to perils and dan; gers that are patent, open, and obvious,— dangers which may readily be known and comprehended by any person of ordinary prudence and intelligence, in the exercise of ordinary care.
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Appeal from a judgment of the circuit court for Lincoln county: Ohas. Y. BakueeN, Circuit Judge. The facts are stated in the opinion. Thejr contended, inter ■alia, that both the employer and employee stand upon the same footing of responsibility in respect to perils and dan; gers that are patent, open, and obvious,— dangers which may readily be known and comprehended by any person of ordinary prudence and intelligence, in the exercise of ordinary care. This is especially true where both have equal means of knowledge. Qoltz v. M, L. 8. ds W. R. Go. 76 Wis. 136; Ballou v. O. ds N. W. B. Go. 54…
1Opinion of the Court
Oassoday, O. J.
This is an action to recover damages sustained by the plaintiff while in the employment of the defendant in its sawmill, by reason of the alleged negligence of the defendant in keeping a large rotary saw partially uncovered. Issue being joined and trial had, the jury, at the close thereof, returned a special verdict to the effect (1) that the location, situation, and surroundings of the saw by which the plaintiff was injured, and the extent to which it was uncovered and exposed, were known to the plaintiff prior to the time of his injury; (2) that the defendant did not exercise…
2Cases cited2 opinions
- Darcey v. Farmers' Lumber Co.Wisconsin Supreme Court · 1894
- Darcey v. Farmers' Lumber Co.Wisconsin Supreme Court · 1895
3Cited by8 opinions
- Hart v. City of NeillsvilleWisconsin Supreme Court · 1909
- Zimmer v. Fox River Valley Electric Railway Co.Wisconsin Supreme Court · 1905
- Horn v. La Crosse Box Co.Wisconsin Supreme Court · 1907
- Yess v. Chicago Brass Co.Wisconsin Supreme Court · 1905
- Williams v. J. G. Wagner Co.Wisconsin Supreme Court · 1901
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