Holt v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action for a personal injury to the plaintiff which was caused by the use of a defective tool, which he found in the building where his work was and used without inspection. The plaintiff was a machinist of twenty years’ experience. He was employed as a machinist in the defendant’s shops and its adjacent roundhouse at night work.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action for a personal injury to the plaintiff which was caused by the use of a defective tool, which he found in the building where his work was and used without inspection. The plaintiff was a machinist of twenty years’ experience. He was employed as a machinist in the defendant’s shops and its adjacent roundhouse at night work. Oh the night of the accident he was required to repair a locomotive in the roundhouse. Finding it necessary to move the locomotive a short distance, be looked for and found a pinch…
1Opinion of the CourtNewMan, J.
The negligence claimed by the plaintiff is the failure of the defendant to furnish him with a safe tool for doing the work which it set him to do, yet it does not appear that it had not furnished, nor that there were not at the time, perfect pinch bars in their proper places in the roundhouse ready for his selection and use. If they had been provided and were at hand, subject to his selection, it would seem to be in some sense his own fault and at his own risk, if he selected a defective one; for he was an experienced machinist, and had worked with pinch bars, and knew of their construction…
2Cases cited10 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Luebke v. Berlin Machine WorksWisconsin Supreme Court · 1894
- Corcoran v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1892
- Hazen v. West Superior Lumber Co.Wisconsin Supreme Court · 1895
- Haley v. Jump River Lumber Co.Wisconsin Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Borden v. Daisy Roller Mill Co.Wisconsin Supreme Court · 1898
- Boelter v. Ross Lumber Co.Wisconsin Supreme Court · 1899
- Cole v. Spokane Gas & Fuel Co.Washington Supreme Court · 1911
- Gulf, West Texas & Pacific Railway Co. v. SmithCourt of Appeals of Texas · 1904
- Prince v. United StatesDistrict Court, E.D. Wisconsin · 1960
8 more not listed; retrieve them via the Exa API.