Schmitt v. Hamilton Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: Mioi-iael Eiewan, Circuit Judge. The plaintiff, when injured, as hereinafter stated, was nineteen years of age^ well educated, intelligent, having had several years of employment which brought him in contact with wood-working machinery of various kinds, and fully appreciated that, when an appliance in a machine served to cut or shape a board pressed against it, it would injure his fingers if they got to the…
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Appeal from a judgment of the circuit court for Manito-woc county: Mioi-iael Eiewan, Circuit Judge. The plaintiff, when injured, as hereinafter stated, was nineteen years of age^ well educated, intelligent, having had several years of employment which brought him in contact with wood-working machinery of various kinds, and fully appreciated that, when an appliance in a machine served to cut or shape a board pressed against it, it would injure his fingers if they got to the spot where the board was operated on. lie knew what a shaper machine was for, namely, to form or shape the edge of a…
1Opinion of the Court
Dodge, T.
The principal contention on appellant’s part is that contributory negligence so conclusively appears from the evidence that the trial court should have directed a verdict in defendant’s favor. Hardly any rule is more firmly established by judicial decision in this state than that an employee assumes the risks of those perils which obviously attend the conduct of his work with its usual accompaniments and incidents, and that a jury is not at liberty to credit his statement of ignorance of those facts which are obvious to his senses or of the perils which are at once apparent upon the…
2Cases cited9 opinions
- Groth v. ThomannWisconsin Supreme Court · 1901
- Gossens v. Mattoon Manufacturing Co.Wisconsin Supreme Court · 1899
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Roth v. S. E. Barrett Manufacturing Co.Wisconsin Supreme Court · 1897
- Hazen v. West Superior Lumber Co.Wisconsin Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Kroger v. Cumberland Fruit Package Co.Wisconsin Supreme Court · 1911
- Stock v. KernWisconsin Supreme Court · 1910