Mielke v. Chicago & Northwesteen Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: K. G. SiebeckeR, Circuit Judge. This action is brought to recover damages for injuries sustained by the plaintiff while working in defendant’s stone quarry at Ableman, "Wisconsin. ITis right to recover is based upon the following facts: The face of the quarry was about 100 feet from top to bottom.
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Appeal from a judgment of the circuit court for Sauk county: K. G. SiebeckeR, Circuit Judge. This action is brought to recover damages for injuries sustained by the plaintiff while working in defendant’s stone quarry at Ableman, "Wisconsin. ITis right to recover is based upon the following facts: The face of the quarry was about 100 feet from top to bottom. The method of quarrying was to clear off a space at the top six or eight feet wide, then drill holes four or five feet deep about six feet from the face of the ledge, and, after exploding the blast, bar off the rocks loosened by the…
1Opinion of the CourtBardeen, J.
If we understand the appellant’s contention, it is that defendant is liable for his injuries because it failed to furnish him with a safe place to work. The proposition that it is the duty of the master to furnish the servant a reasonably safe place in which to perform his labors has been laid down so many times by this court that it is unnecessary to cite decisions to support it. There are, however¿ certain correlative obligations of the servant which limit the doctrine stated. The servant is bound to know, and is said to have assumed, all such dangers of the employment as were open and…
2Cases cited6 opinions
- Petaja v. Aurora Iron Mining Co.Michigan Supreme Court · 1895
- Paule v. Florence Mining Co.Wisconsin Supreme Court · 1891
- Larsson v. McClureWisconsin Supreme Court · 1897
- Osborne v. Lehigh Valley Coal Co.Wisconsin Supreme Court · 1897
- Peffer v. CutlerWisconsin Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Richards v. Riverside Iron WorksWest Virginia Supreme Court · 1904
- Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
- Knudsen v. La Crosse Stone Co.Wisconsin Supreme Court · 1911
- Strehlau v. John Schroeder Lumber Co.Wisconsin Supreme Court · 1910
- Walaszewski v. SchoknechtWisconsin Supreme Court · 1906
21 more not listed; retrieve them via the Exa API.