Legal Opinion

Kelly v. Kneeland-McLurg-Lumber Co.

Wisconsin Supreme Court

Decided June 1, 1915PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Price county: Gr. N. Risjobd, Circuit Judge. Action to recover for personal injury. The complaint is ‘based upon failure to furnish a safe working place.

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Appeal from a judgment of the circuit court for Price county: Gr. N. Risjobd, Circuit Judge. Action to recover for personal injury. The complaint is ‘based upon failure to furnish a safe working place. The plaintiff was employed as a common laborer assisting in loading logs on cars, and in the performance of his duties it be•came necessary for him to be upon a certain car then being loaded for the purpose of adjusting the logs being hoisted in bunches upon said car by means of a mechanical device known ;as a steam jammer or loader. It is alleged in the complaint that the defendant negligently…

1Opinion of the CourtKerwin, J.

The chief contention of the appellant is that the court erred in denying defendant’s motions for nonsuit and directed verdict. It is insisted that no negligence was shown on the part of the defendant and that the evidence-showed contributory negligence on the part of plaintiff.

1. The first question presented is whether the evidence was sufficient to support the finding of the jury to the effect that the defendant failed to furnish the plaintiff a place of employment as free from danger as the nature of the employment reasonably permitted. The provisions of the statute-applicable are as…

2Cases cited5 opinions

  1. Rosholt v. Worden-Allen Co.Wisconsin Supreme Court · 1913
  2. Sadowski v. Thomas Furnace Co.Wisconsin Supreme Court · 1914
  3. Sparrow v. Menasha Paper Co.Wisconsin Supreme Court · 1913
  4. Kendzewski v. Wausau Sulphate Fibre Co.Wisconsin Supreme Court · 1914
  5. Murphy v. Interlake Pulp & Paper Co.Wisconsin Supreme Court · 1914

3Cited by3 opinions

  1. Van de Zande v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1919
  2. Sullivan v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1916
  3. Fleming v. RichardsonSupreme Court of Iowa · 1946

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