Sparling v. United States Sugar Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Rat StevbNS, Circuit Judge. Action for personal injuries. The defendant owned and operated a large sugar factory at Madison, which was operated night and day.
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Appeal from a judgment of the circuit court for Dane county: E. Rat StevbNS, Circuit Judge. Action for personal injuries. The defendant owned and operated a large sugar factory at Madison, which was operated night and day. The plaintiff was a millwright, and at the time of the accident had been employed by defendant for more than a month as foreman of the night repair gang, and his duties were to repair such breakages in the machinery, belting, shafting, or pumps as happened during the night. There was much heavy machinery in the factory. The boiler room on the first floor was 119 feet long…
1Opinion of the Court
WiNSLow, O. J.
It is claimed that- judgment should have been rendered for tbe defendant because tbe evidence-conclusively showed, first, that tbe plaintiff assumed tbe risk or was guilty of active contributory negligence; second, that there was no negligence by defendant, and that if there was-negligence in failing to put up a barrier it was tbe negligence of a fellow-servant.
Upon tbe first proposition tbe claim is that tbe evidence-*513conclusively showed that the plaintiff either knew of the excavation, or ought to have seen it had he been exercising ordinary care, and that he must have fallen…
2Cases cited4 opinions
- Cadden v. American Steel Barge Co.Wisconsin Supreme Court · 1894
- Dockery v. McLellanWisconsin Supreme Court · 1896
- Grams v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905
- Jarnek v. Manitowoc Coal & Dock Co.Wisconsin Supreme Court · 1897
3Cited by10 opinions
- Parish v. Awschu Properties, Inc.Wisconsin Supreme Court · 1945
- Henry v. La GrouWisconsin Supreme Court · 1929
- Charron v. Northwestern Fuel Co.Wisconsin Supreme Court · 1912
- Jankovich v. ArensWisconsin Supreme Court · 1952
- Sweitzer v. FoxWisconsin Supreme Court · 1937
5 more not listed; retrieve them via the Exa API.