Legal Opinion

Guinard v. Knapp-Stout & Co.

Wisconsin Supreme Court

Decided April 3, 1895PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Dunn county: John If. Papish, Judge. Personal injuries. The plaintiff was injured while employed in the defendant’s sawmill, July 9, 1892, he being then twenty-seven years of age.

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Appeal from a judgment of the circuit court for Dunn county: John If. Papish, Judge. Personal injuries. The plaintiff was injured while employed in the defendant’s sawmill, July 9, 1892, he being then twenty-seven years of age. He was oiling a rapidly revolving shaft at the time of the injury, and his coat sleeve was caught in a set-screw which projected from the collar upon the shaft, and he was whirled around the shaft, and lost a part of his left arm, and sustained other serious injuries. It appeared that he had previously worked for the defendant company for five seasons; four years,…

1Opinion of the CourtWinslow, J.

The vital questions which were presented by the pleadings and the evidence in this case were: (1) Whether the defendant was guilty of negligence which was the proximate cause of plaintiff’s injury, either in providing-unsafe machinery or in failing to instruct and warn the-plaintiff of its dangerous character; (2) whether the plaintiff himself was guilty of contributory negligence in not seeing and avoiding the revolving set-screw. Both of these-questions were answered by the jury favorably'to the plaintiff. We regard these questions as fairly questions for the jury and not for the court; and…

2Cases cited2 opinions

  1. Duthie v. Town of WashburnWisconsin Supreme Court · 1894
  2. Craven v. SmithWisconsin Supreme Court · 1894

3Cited by10 opinions

  1. Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
  2. Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
  3. Andrews v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
  4. Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1896
  5. Van de Bogart v. Marinette & Menominee Paper Co.Wisconsin Supreme Court · 1907

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