Gierczak v. Northwestern Fuel Co.
Wisconsin Supreme Court
Appeal from, a judgment of the cirenit court for Bayfield' county: A. H. Reid, Judge. Personal injuries. The plaintiff was a man .of ordinary intelligence, forty-seven years of age, who at the time of his injury had been employed by the defendant as a coal shoveler at its large coal dock at the city of Washburn for nine years.
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Appeal from, a judgment of the cirenit court for Bayfield' county: A. H. Reid, Judge. Personal injuries. The plaintiff was a man .of ordinary intelligence, forty-seven years of age, who at the time of his injury had been employed by the defendant as a coal shoveler at its large coal dock at the city of Washburn for nine years. On -the 6th of September, 1907, he was engaged shoveling coal into a large bucket in the hold of a large vessel lying at defendant’s coal dock, when the end of a half-inch steel wire rope fell down through the hatchway and struck him in the face, knocking out several…
1Opinion of the CourtWinslow, C. J.
It appears that the plaintiff brought a previous action for the same injury and voluntarily dismissed the same upon the trial and has never paid the judgment for costs which followed the dismissal. Upon an affidavit showing these facts, the defendant at the opening of the trial of the present action moved that the proceedings herein be stayed till such judgment was paid, but the court overruled the motion. Whether this motion and the order thereon should not have been preserved in the bill of exceptions in order to be reviewed on appeal we do not find it necessary to decide. Even conceding…
2Cases cited6 opinions
- Chopin v. Badger Paper Co.Wisconsin Supreme Court · 1892
- Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
- Odegard v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1907
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Portance v. Lehigh Valley Coal Co.Wisconsin Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mahar v. Montello Granite Co.Wisconsin Supreme Court · 1911
- Schumacher v. Tuttle Press Co.Wisconsin Supreme Court · 1910
- State Ex Rel. Larkin v. BirdSupreme Court of Florida · 1941
- Corrigan v. New Dells Lumber Co.Wisconsin Supreme Court · 1913
- Kraczek v. Falk Co.Wisconsin Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.