Larson v. Knapp, Stout & Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dunn county: A. J. Vinje, Judge. Personal injuries. The plaintiff, in June, 1895, was a minor, seventeen years and four months old, and was employed by the defendant in its sawmill at Cedar Falls, operating a lath machine.
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Appeal from a judgment of the circuit court for Dunn county: A. J. Vinje, Judge. Personal injuries. The plaintiff, in June, 1895, was a minor, seventeen years and four months old, and was employed by the defendant in its sawmill at Cedar Falls, operating a lath machine. He had worked for .the defendant company four summers in the same mill; the first two summers being employed in laying up bolts or slabs on one side of the lath table for the bolters, and the last two summers in sawing lath at the lath machine. This machine consisted of a long platform or table extending from north to south,…
1Opinion of the CourtWinslow, J.
Conceding that the evidence tended to show actionable negligence on the part of the defendant, we are .still forced to conclude that the plaintiff assumed the risk, and hence cannot recover. It is true that the plaintiff was .a minor, but this fact does not necessarily make the question one for the jury. Where the facts are undisputed and the inferences certain, it may be a question of law for the ■court. Casey v. O., St. P., M. <& O. R. Co. 90 Wis. 113; LLerold v. Pjister, 92 Wis. 417. The facts were undisputed, .and the inferences certain, in the present case. The plaintiff had worked at…
2Cases cited2 opinions
- Casey v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1895
- Herold v. PfisterWisconsin Supreme Court · 1896
3Cited by6 opinions
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Upthegrove v. Jones & Adams Coal Co.Wisconsin Supreme Court · 1903
- Schmitt v. Hamilton Manufacturing Co.Wisconsin Supreme Court · 1908
- LaFayette Carpet Co. v. StaffordIndiana Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.