Sherman v. Menominee River Lumber Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is brought to recover damages by reason of personal injury sustained by the plaintiff, October 9, 1883, while in the employ of the defendant, in its saw-mill 'in Marinette, and while engaged in handing boards to another servant of the defendant, who was then engaged in feeding the edger in said saw-mill, by being suddenly struct by a board…
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APPEAL from tbe Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is brought to recover damages by reason of personal injury sustained by the plaintiff, October 9, 1883, while in the employ of the defendant, in its saw-mill 'in Marinette, and while engaged in handing boards to another servant of the defendant, who was then engaged in feeding the edger in said saw-mill, by being suddenly struct by a board on his right thigh with such force as to crush and break the same, and make it necessary to amputate his right leg,…
1Opinion of the CourtCassoday, J.
The complaint alleges two causes of action. The first consists in negligently providing and using an unsafe, defective, and insecure edger, and stating wherein the same was unsafe, defective, and insecure. In answer to the third question the jury found, in effect, that the edger was at the time out of repair, so that it did not do its work properly and safely. By the fourth question submitted the jury were required to find whether such “ want of repair ” consisted of “ a cracked, or broken feed roller or rollers, or rollers that w&re worn out of proper form by use.” To the alternative thus…
2Cases cited15 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Hanawalt v. StateWisconsin Supreme Court · 1885
- Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Fritz v. Salt Lake & Ogden Gas & Electric Light Co.Utah Supreme Court · 1899
- Holt v. Spokane & Palouse Railway Co.Idaho Supreme Court · 1895
- Scherer v. SchlabergNorth Dakota Supreme Court · 1909
- Little v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1894
20 more not listed; retrieve them via the Exa API.