Perreault v. Wisconsin Granite Co.
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Urbain S. Perreault against the Wisconsin Granite ■ Company, to recover for personal injuries as defendant’s servant. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Urbain S. Perreault against the Wisconsin Granite ■ Company, to recover for personal injuries as defendant’s servant. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The plaintiff was in the sole control, and management of the machinery, and the accident was not occasioned by any broken or defective part of said machinery; the defendant had placed a steel guard over the cogs, and no person could anticipate that plaintiff would back into the machinery and get his foot…
1Opinion of the CourtWhittxg, P. J.
Plaintiff brought this action seeking to recover damages for an injury which he claimed to have suffered through the negligence of defendant while he was defendant’s employee. Defendant denied that it had been guilty of negligence, and alleg’ed that plaintiff’s injury resulted from the negligence of plaintiff, and, further, that plaintiff had voluntarily assumed the risks attendant upon the condition under which he was working at the time he was injured. Verdict and judgment were for plaintiff, and, a motion for new trial having been denied, defendant *282appealed to this court from the judgment…
2Cases cited5 opinions
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
- Greene v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Wuotilla v. Duluth Lumber Co.Supreme Court of Minnesota · 1887
- Buehner ex rel. Buehner v. Creamery Package Manufacturing Co.Supreme Court of Iowa · 1904
- Bagley v. Wonderland Co.Massachusetts Supreme Judicial Court · 1910
3Cited by11 opinions
- Associated Engineers, Inc. v. JobCourt of Appeals for the Eighth Circuit · 1966
- Schmeling v. JorgensenSouth Dakota Supreme Court · 1957
- Clinkscales v. Wisconsin Granite Co.South Dakota Supreme Court · 1916
- Iverson v. LookSouth Dakota Supreme Court · 1913
- Solleim v. Norbeck & Nicholson Co.South Dakota Supreme Court · 1914
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