Legal Opinion · Concurrence

Willette v. Rhinelander Paper Co.

Wisconsin Supreme Court

Decided March 14, 1911Published

Appeal from a judgment of tbe circuit court for Oneida county: A. H. Reid, Circuit Judge. Action to recover damages for a personal injury. Tbe following is a summary of tbe claimed facts upon wbicb tbe relief was demanded: Plaintiff for some time before be was injured, as hereafter alleged, was employed by defendant as oiler.' One machine be attended was a large electrically operated pump.

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Appeal from a judgment of tbe circuit court for Oneida county: A. H. Reid, Circuit Judge. Action to recover damages for a personal injury. Tbe following is a summary of tbe claimed facts upon wbicb tbe relief was demanded: Plaintiff for some time before be was injured, as hereafter alleged, was employed by defendant as oiler.' One machine be attended was a large electrically operated pump. There were two horizontal shafts in an iron frame resting on an iron base, tbe top of wbicb base was about eight inches from tbe floor. Tbe distance between tbe inner side of tbe journal boxes of tbe shafts…

1Concurrence

TimxiN, I.

(concurring). In this case there was a special verdict as follows: (1) Had the defendant, prior to plaintiff’s said injury, provided a step-ladder for the oilers-to use in connection with the pump in question ? Answered,, *561No. Questions (2), (3), and (4) not answered. (5) Was the gearing by which plaintiff was injured so located as to be dangerous to an oiler in the discharge of his duties while using ordinary care? Answered, Yes. (6) If you answer question number (5) “Yes,” did defendant fail to have said gearing securely guarded or fenced at the time of the plaintiff’s injury?…

2Cases cited33 opinions

  1. Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
  2. Monteith v. Kokomo Wood Enameling Co.Indiana Supreme Court · 1902
  3. Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
  4. Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
  5. Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897

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