Dahlke v. Illinois Steel Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: E. E. Austin, Judge. Action to recover damages for the death of plaintiff’s intestate. The court nonsuited the plaintiff, and from the judgment thereupon rendered he appealed.
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Appeal from a judgment of the superior court of Milwaukee county: E. E. Austin, Judge. Action to recover damages for the death of plaintiff’s intestate. The court nonsuited the plaintiff, and from the judgment thereupon rendered he appealed. The evidence tended to prove or conclusively established the following facts aside from those requisite to the right to maintain the suit if a liability existed: Defendant was the owner and operator of an iron works in which there were several blast furnaces, each operated in connection with three cylindrical iron stoves designed to heat the air before it…
1Opinion of the CourtMarshall, J.
Was there any evidence, on the most favorable view that can reasonably be taken of it, to establish actionable negligence ? Appellant supports the affirmative of that proposition by arguing that the danger of working at the stove when the blast was on was unknown to the deceased or to his fellow laborer, Rendt, hence they should have been informed of it by the master, and that the failure so to do, resulting in the injury of the deceased, renders the master liable. Granted that the danger existed, yet it does not follow there was a duty to instruct in regard to it, unless it was reasonably to…
2Cited by16 opinions
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Portance v. Lehigh Valley Coal Co.Wisconsin Supreme Court · 1899
- Johanson v. Webster Manufacturing Co.Wisconsin Supreme Court · 1909
- Dugal v. City of Chippewa FallsWisconsin Supreme Court · 1899
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