Darcey v. Farmers' Lumber Co.
Wisconsin Supreme Court
Appeal from au order of the circuit court for Lincoln Gounty: Chas. Y, BaedebN, Circuit Judge. Action for personal injury sustained by the plaintiff while in the employ of the defendant in its sawmill. He was of full age at the time of the injury, and had been at work for the defendant in its mill for about twenty days.
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Appeal from au order of the circuit court for Lincoln Gounty: Chas. Y, BaedebN, Circuit Judge. Action for personal injury sustained by the plaintiff while in the employ of the defendant in its sawmill. He was of full age at the time of the injury, and had been at work for the defendant in its mill for about twenty days. The case was here upon a former appeal from a judgment in favor of the plaintiff, which was reversed and a new trial granted for the reason that the findings of the jury were contradictory'. 87 Wis. 245. The general facts of the case, as well as the former verdict, are there…
1Opinion of the CourtPiNNET, J.
The verdict in this case is so inconsistent and uncertain upon essential points that no judgment can be given upon it. It is useless to speculate in respect to’the intention of the jury, or how they arrived at their conclusions, in view of the instructions of the court which are before us. We can 'regard the verdict in no other light than as a formulation of facts found upon matters within the issue. The second and third findings clearly impute to the defendant negligence in keeping the saw upon which the plaintiff was injured in the position and condition it was at the time of the injury,…
2Cited by4 opinions
- Wanzer v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1900
- Darcey v. Farmers' Lumber Co.Wisconsin Supreme Court · 1898
- Yess v. Chicago Brass Co.Wisconsin Supreme Court · 1905
- Luebben v. Wisconsin Traction, Light, Heat & Power Co.Wisconsin Supreme Court · 1913