Chopin v. Badger Paper Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. This action was brought to recover damages for personal injuries suffered by plaintiff while in the employ of defendant on the 12th day of February, 1888. On that day the plaintiff, being eighteen years of age, was employed by defendant to work in some capacity about a paper machine in defendant’s mill. Plaintiff claims to have been erm ployed as a cutter boy, and defendant 'Claims he was employed as back tender.
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APPEAL from the Circuit Court for Outagamie County. This action was brought to recover damages for personal injuries suffered by plaintiff while in the employ of defendant on the 12th day of February, 1888. On that day the plaintiff, being eighteen years of age, was employed by defendant to work in some capacity about a paper machine in defendant’s mill. Plaintiff claims to have been erm ployed as a cutter boy, and defendant 'Claims he was employed as back tender. Immediately after going to work he was sent by the foreman of the machine to oil the gearing, the machine being then in motion.…
1Opinion of the CourtWinslow, J.
I. The motion for a nonsuit was properly-overruled. The basis of the motion was that plaintiff’s own testimony shows that he comprehended and assumed the risk of the dangers incident to the work he was doing. The court would not have been justified in so holding. That, the work of oiling this interior journal was one of considerable danger while the machine ivas in motion cannot be doubted. It is true, the testimony showed that the plaintiff had been employed about machinery for a number of years; that he had been employed as a cutter boy in another paper mill for more than a year before he…
2Cases cited1 opinion
- Ryan v. Rockford InsuranceWisconsin Supreme Court · 1890
3Cited by30 opinions
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Luebke v. Berlin Machine WorksWisconsin Supreme Court · 1894
- Reed v. City of MadisonWisconsin Supreme Court · 1893
- Forquer v. Slater Brick Co.Montana Supreme Court · 1908
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