Legal Opinion

Klatt v. N. C. Foster Lumber Co.

Wisconsin Supreme Court

Decided March 27, 1896PublishedCited by 16 opinions

Appeal from, a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. The action is to recover damages for personal injuries received by the plaintiff while working for the defendant in its sawmill. The complaint alleges two particulars in which the defendant was negligent: (1) In not warning the plaintiff of the dangers incident to the employment, and (2) in not keeping the. machinery with which he worked in a safe condition.

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Appeal from, a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. The action is to recover damages for personal injuries received by the plaintiff while working for the defendant in its sawmill. The complaint alleges two particulars in which the defendant was negligent: (1) In not warning the plaintiff of the dangers incident to the employment, and (2) in not keeping the. machinery with which he worked in a safe condition. The answer was a general denial and the defense of contributory negligence. There was both a special and general verdict for the plaintiff. A…

1Opinion of the CourtNewman, J.

Many errors in the record are claimed. The more important and decisive will be considered.

There was a special verdict. The defendant requested the submission, in the verdict, of certain questions which it proposed in writing. Among these proposed questions were the following: “(4) Was the injury sustained by the plaintiff the result of being placed to work in the place and manner in which he was put to work, which the defendant might have reasonably expected might probably occur ? ” “ (10) Was the plaintiff injured by the want of ordinary care on the part of the defendant,'which was the…

2Cases cited8 opinions

  1. Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
  2. McGowan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895
  3. Luebke v. Berlin Machine WorksWisconsin Supreme Court · 1894
  4. Davis v. Town of FarmingtonWisconsin Supreme Court · 1877
  5. Lathrop v. . BramhallNew York Court of Appeals · 1876

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
  2. Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
  3. Helmke v. ThilmanyWisconsin Supreme Court · 1900
  4. Roth v. S. E. Barrett Manufacturing Co.Wisconsin Supreme Court · 1897
  5. Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897

11 more not listed; retrieve them via the Exa API.

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