McDougall v. Ashland Sulphite-Fibre Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: JohN K. Paeish, Circuit Judge.- • This was an action to recover damages for an injury to the plaintiff’s person sustained while in the employ of the defendant company, operating a machine to remove the bark from pulp wood, and in consequence of the alleged acts and negligence of the defendant, among which was the failure to furnish said machine with a belt shifter,- etc. . At the trial before the court and jury,…
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Appeal from a judgment of the circuit court for Ashland county: JohN K. Paeish, Circuit Judge.- • This was an action to recover damages for an injury to the plaintiff’s person sustained while in the employ of the defendant company, operating a machine to remove the bark from pulp wood, and in consequence of the alleged acts and negligence of the defendant, among which was the failure to furnish said machine with a belt shifter,- etc. . At the trial before the court and jury, the plaintiff testified, among other things, in substance, that he was a common laborer, thirty-four years of age^ and…
1Opinion of the CourtPxmsET, J.
1. The plaintiff was a common laborer, and had no experience in working with or around a barker or similar machinery. He had no knowledge or familiarity with the matter of the necessity or use of a belt shifter, or of the manner of shifting belts, though he had worked in •and around sawmills. He did not know or understand that the manner in which he had been instructed to shift the belt on the barker was dangerous. The defendant’s foreman in charge evidently understood that the plaintiff was without proper knowledge or experience in respect to the use or operation of the machine, and that it…
2Cases cited9 opinions
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Kaples v. OrthWisconsin Supreme Court · 1884
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Crites v. City of New RichmondWisconsin Supreme Court · 1897
- Rowley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
- Crouse v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Zimmer v. Fox River Valley Electric Railway Co.Wisconsin Supreme Court · 1903
- Yess v. Chicago Brass Co.Wisconsin Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.