Karras v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeai, from a judgment of the circuit court for Iron county: G. N. Risjobd, Circuit Judge. Action for personal injury. In February, 1913, plaintiff, then about fifty years of age, came to this country from Greece. Since his arrival and up to ’the time of his injury on June 12, 1915, his principal employment was that of a section repair man on railroads.
Read the full summary
Appeai, from a judgment of the circuit court for Iron county: G. N. Risjobd, Circuit Judge. Action for personal injury. In February, 1913, plaintiff, then about fifty years of age, came to this country from Greece. Since his arrival and up to ’the time of his injury on June 12, 1915, his principal employment was that of a section repair man on railroads. On 'June 12th, for the purpose of peeling hemlock ties, he was given a hatchet or small broadax beveled on one side, with a handle about fourteen inches long measured from the head. The hatchet was dull and somewhat nicked. A couple of hours…
1Dissent
(dissenting). It is conceded in the majority opinion that the plaintiff was not engaged in interstate commerce.
The jury found (1) that the hatchet plaintiff used in peeling bark at the time he was injured was not a reasonably safe appliance for that purpose; (2) that the failure to furnish a reasonably safe appliance in peeling bark was the proximate cause of the plaintiff’s injury; (3) damages assessed at $150. These findings of the jury are supported by the evidence and judgment should have been for the plaintiff for the amount of damages found. The rule is elementary that *583it was the duty…
2Cases cited7 opinions
- Stork v. Charles Stolper Cooperage Co.Wisconsin Supreme Court · 1906
- Borden v. Daisy Roller Mill Co.Wisconsin Supreme Court · 1898
- Meyer v. LadewigWisconsin Supreme Court · 1907
- Boelter v. Ross Lumber Co.Wisconsin Supreme Court · 1899
- Ruck v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.