Upthegrove v. Jones & Adams Coal Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: JohN E. Paeish, Circuit Judge. This action was commenced May 31, 1902, to recover damages for personal injuries sustained by the plaintiff July 20, 1900, while in the employ of the defendant as fireman on two small engines used in connection with derricks in hoisting .coal from the boats to the defendant’s coal dock in Ashland.
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Appeal from a judgment of tbe circuit court for Ashland county: JohN E. Paeish, Circuit Judge. This action was commenced May 31, 1902, to recover damages for personal injuries sustained by the plaintiff July 20, 1900, while in the employ of the defendant as fireman on two small engines used in connection with derricks in hoisting .coal from the boats to the defendant’s coal dock in Ashland. Issue being joined and trial bad, the jury, at the close of the trial, returned a special verdict to the effect (3) that the plaintiff was injured while engaged in operating the injector and cold-air valve…
1Opinion of the CourtCassoday, C. J.
Hour errors are assigned upon which we are asked to reverse the judgment in this case. The one particularly relied upon is the refusal of the court to grant a non-suit or direct a verdict in favor of the defendant. This is básed upon the ground that it appears from the undisputed evidence that the plaintiff assumed the risk and was guilty of contributory negligence. . Counsel for the plaintiff insists that that is the only debatable question presented on this appeal. He, moreover, concedes that, if that question is decided adversely to the plaintiff, then that the judgment should be reversed,…
2Cases cited13 opinions
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Roth v. S. E. Barrett Manufacturing Co.Wisconsin Supreme Court · 1897
- Luebke v. Berlin Machine WorksWisconsin Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
- Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.North Dakota Supreme Court · 1909
- Derringer ex rel. Derringer v. TatleyNorth Dakota Supreme Court · 1916
- Schumacher v. Tuttle Press Co.Wisconsin Supreme Court · 1910
- Schmitt v. Hamilton Manufacturing Co.Wisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.