Larsson v. McClure
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. TiNJE, Circuit Judge. This action was brought to recover damages for a personal injury sustained by the plaintiff while working as a common laborer in a gravel pit for the firm of Mitchell & McClure, and by reason of their alleged negligence in not furnishing him with a safe place to work, and in not notifying Mm of the danger to which he was exposed where he was directed to work, and of which he had no…
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Appeal from a judgment of the circuit court for Douglas county: A. J. TiNJE, Circuit Judge. This action was brought to recover damages for a personal injury sustained by the plaintiff while working as a common laborer in a gravel pit for the firm of Mitchell & McClure, and by reason of their alleged negligence in not furnishing him with a safe place to work, and in not notifying Mm of the danger to which he was exposed where he was directed to work, and of which he had no knowledge. The bank by which he was working in the gravel pit caved in upon him, and in consequence his leg was fractured,…
1Opinion of the CourtPinNet, J.
The plaintiff, in entering upon the employment in which he was engaged when injured, assumed all risk or danger of injury ordinarily and fairly incident to ■such service. When the danger is alike open to the observation of all, both the master and servant are upon an equality, and the master is not liable for an injury resulting from the dangers incident to the employment. Naylor v. C. & N. W. R. Co. 53 Wis. 661; Showalter v. Fairbanks, Morse & Co. 88 Wis. 377; Paule v. Florence Mining Co. 80 Wis. 350. The plaintiff was familiar with the kind of work he was required to perform, and had had…
2Cases cited6 opinions
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
- Luebke v. Berlin Machine WorksWisconsin Supreme Court · 1894
- Paule v. Florence Mining Co.Wisconsin Supreme Court · 1891
- Haley v. Jump River Lumber Co.Wisconsin Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Richards v. Riverside Iron WorksWest Virginia Supreme Court · 1904
- Faber v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905
- Anderson v. Inland Telephone & Telegraph Co.Washington Supreme Court · 1898
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Mielke v. Chicago & Northwesteen Railway Co.Wisconsin Supreme Court · 1899
13 more not listed; retrieve them via the Exa API.