Legal Opinion

Schweikert v. John R. Davis Lumber Co.

Wisconsin Supreme Court

Decided March 15, 1911PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for Price county: James Wickham, Judge. This action was brought by plaintiff, a minor, to recover damages for personal injuries. The complaint alleges that plaintiff was a minor and inexperienced, and that a sprocket wheel and chain where he was working were unguarded, contrary to law and the duty of the defendant, and that plaintiff was not warned concerning the dangers incident to his work and did not know of them.

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Appeal from a judgment of the circuit court for Price county: James Wickham, Judge. This action was brought by plaintiff, a minor, to recover damages for personal injuries. The complaint alleges that plaintiff was a minor and inexperienced, and that a sprocket wheel and chain where he was working were unguarded, contrary to law and the duty of the defendant, and that plaintiff was not warned concerning the dangers incident to his work and did not know of them. The answer puts in issue the allegations of the complaint and alleges that plaintiff was injured while engaged voluntarily in work…

1Opinion of the CourtKmwii, J.

It appears from the record that the plaintiff at the time of the injury was eighteen years old and em*635ployed at work feeding material into a resaw machine which was operated by sprocket chains; that the sprocket wheel on which plaintiff was injured was operated on a shaft at the front of the machine, and in feeding the machine it was necessary to push the slabs which were being resawed under the shaft and sprocket wheel; that the work required close and constant attention; that the sprocket wheel was unguarded; that while plaintiff was so engaged he was injured by having his hand caught in the…

2Cases cited22 opinions

  1. Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
  2. Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
  3. Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
  4. Johnson v. Ashland Water Co.Wisconsin Supreme Court · 1888
  5. Chopin v. Badger Paper Co.Wisconsin Supreme Court · 1892

17 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Kalkopf v. Donald Sales & Manufacturing Co.Wisconsin Supreme Court · 1967

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