Legal Opinion

Herrem v. Konz

Wisconsin Supreme Court

Decided May 15, 1917PublishedCited by 11 opinions

Appeal from an order of the circuit court for Taylor county: Q-. N. Risjoud, Circuit Judge. This is an action by the plaintiff, Alfred Herrem, an infant, by his gnardian ad litem, Arnt Herrem, to recover damages for an injury alleged to have been caused through the negligence of the defendant, 8. A. Konz, who is engaged in the lumber manufacturing business at Rib Lake, Taylor county, Wisconsin.

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Appeal from an order of the circuit court for Taylor county: Q-. N. Risjoud, Circuit Judge. This is an action by the plaintiff, Alfred Herrem, an infant, by his gnardian ad litem, Arnt Herrem, to recover damages for an injury alleged to have been caused through the negligence of the defendant, 8. A. Konz, who is engaged in the lumber manufacturing business at Rib Lake, Taylor county, Wisconsin. Plaintiff alleges that the main floor of the defendant’s mill is raised eight or nine feet above the ground; that there are open spaces underneath the. floor of the-mill; that an unguarded, revolving…

1Opinion of the CourtSiebecker, J.

It is evident from an inspection of the allegations of the complaint that the second alleged cause of action is a repetition of the facts alleged in the first cause of action charging that the defendant was guilty of ordinary negligence toward the plaintiff in the respect stated and that it proximately caused the plaintiff’s injuries, with the additional allégation “that solely because of the defendant’s gross negligence in failing to guard said shaft and defendant’s utter disregard of the safety of children in said premises” the plaintiff was injured. This allegation adds nothing by way of…

2Cases cited4 opinions

  1. Brinilson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1911
  2. Meyer v. Menominee & Marinette Light & Traction Co.Wisconsin Supreme Court · 1912
  3. Watermolen v. Fox River Electric Railway & Power Co.Wisconsin Supreme Court · 1901
  4. Rideout v. Winnebago Traction Co.Wisconsin Supreme Court · 1904

3Cited by11 opinions

  1. Angelier v. Red Star Yeast & Products Co.Wisconsin Supreme Court · 1934
  2. State v. WhatleyWisconsin Supreme Court · 1933
  3. Schilz v. Walter Kassuba, Inc.Wisconsin Supreme Court · 1965
  4. Nechodomu v. LindstromWisconsin Supreme Court · 1956
  5. Fiel v. City of RacineWisconsin Supreme Court · 1930

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