Baumann v. C. Reiss Coal Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: Michael Kirwan, Circuit Judge. Action to recover damages for a personal injury.
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Appeal from a judgment of the circuit court for Sheboy-gan county: Michael Kirwan, Circuit Judge. Action to recover damages for a personal injury. January 19, 1901, plaintiff, a laborer twenty-six years of age, while working for defendant upon its coal dock, assisting in the removal of coal from under a trestle tbat bad been weakened by fire, was injured by the structure falling, one of the timbers striking him, breaking his right arm, bruising one of his feet and other parts of his body, particularly his head, the latter injury causing some mental impairment. Plaintiff’s claim was that the…
1Opinion of the CourtMarshall, J.
The jury found that the defendant, through its proper representative, knew before the accident that plaintiff’s working place was unsafe. Appellant’s counsel contend that there is no warrant in the evidence for such finding. It seems to us otherwise. There was considerable evidence tending to show that there was a weakened condition of the trestle, causing it to give way when the rolling body of coal struck the post, in that such post had.been so destroyed by fire at the top that the cap no longer held it firmly in place;, and that the foreman, Roth, made such an examination of the structure…
2Cases cited8 opinions
- Klochinski v. Shores Lumber Co.Wisconsin Supreme Court · 1896
- Dwyer v. American Express Co.Wisconsin Supreme Court · 1892
- Hartford v. Northern Pacific RailroadWisconsin Supreme Court · 1895
- McMahon v. Ida Mining Co.Wisconsin Supreme Court · 1897
- Wiskie v. Montello Granite Co.Wisconsin Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Rainey v. Red River, Texas & Southern Railway Co.Texas Supreme Court · 1905
- Cary v. Los Angeles Ry. Co.California Supreme Court · 1910
- Balzer v. CaldwellWisconsin Supreme Court · 1936
- Williams v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.