Wiskie v. Montello Granite Co.
Wisconsin Supreme Court
Appeal from a judgment of the, circuit court for Marquette county: LaweeNoe W. Halsey, Judge. This is an action to recover damages for personal injuries sustained by the plaintiff December 17, 1900, while in the employ of the defendant in its granite quarry, by reason of the unexpected explosion of a powder blast beneath a rock on which he was at work at the time.
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Appeal from a judgment of the, circuit court for Marquette county: LaweeNoe W. Halsey, Judge. This is an action to recover damages for personal injuries sustained by the plaintiff December 17, 1900, while in the employ of the defendant in its granite quarry, by reason of the unexpected explosion of a powder blast beneath a rock on which he was at work at the time. Issue being joined and trial had, the court, at the close of the testimony on the part of the plaintiff, granted a nonsuit, and from the judgment entered thereon the plaintiff appeals. The plaintiff testified to the following…
1Opinion of the CourtCassoday, C. J.
The gist of the complaint is that the defendant negligently failed to furnish to the plaintiff a reasonably safe place in which to work, and to keep and maintain the same in a reasonably safe condition. This is made more plain by the allegations therein to the effect that Fender improperly prepared the blast; that he knew, or ought to have known, that it had not wholly exploded on Friday; that tlhat made it his duty to renew the blast, as stated in the expert testimony; that he negligently failed tq do so, and then negligently and carelessly set the plaintiff to work on the rock on Monday to…
2Cases cited25 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- New England Railroad v. ConroySupreme Court of the United States · 1899
20 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Hamann v. Milwaukee Bridge Co.Wisconsin Supreme Court · 1906
- Halwas v. American Granite Co.Wisconsin Supreme Court · 1909
- Rankel v. Buckstaff-Edwards Co.Wisconsin Supreme Court · 1909
- Baumann v. C. Reiss Coal Co.Wisconsin Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.