Legal Opinion

Winchel v. Goodyear

Wisconsin Supreme Court

Decided November 14, 1905PublishedCited by 13 opinions

Appeal from a judgment of the circuit court for Monroe county: J. J. Fbuit, Circuit Judge. This action was brought for the recovery of damages for injuries sustained by plaintiff on February 9, 1904, while employed in defendant’s sawmill in the city of Tomah. Defendant’s mill, at the time of the accident, was equipped with two band saws for sawing timber. These saws were located in the west end of the mill near the southwesterly and northwesterly corners, respectively.

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Appeal from a judgment of the circuit court for Monroe county: J. J. Fbuit, Circuit Judge. This action was brought for the recovery of damages for injuries sustained by plaintiff on February 9, 1904, while employed in defendant’s sawmill in the city of Tomah. Defendant’s mill, at the time of the accident, was equipped with two band saws for sawing timber. These saws were located in the west end of the mill near the southwesterly and northwesterly corners, respectively. The lumber was carried from these band saws on two lines of live rollers, one along the south and the other along the north…

1Opinion of the CourtSiebeckee, J.

The plaintiff claims that the defendant was guilty of negligence in that he failed to keep the table bed over the slasher saw, described in the foregoing statement of facts, sufficiently supported to make it reasonably safe for its purposes in the operation of the mill. Defendant starts with the assertion that plaintiff has wholly failed to make out his case, and then proceeds to argue that no actionable negligence is shown because plaintiff’s injuries were the result of an accidental slipping, which defendant claims occurred without his fault, and which he contends was the proximate cause of…

2Cases cited11 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  3. Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
  4. Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
  5. Houfe v. Town of FultonWisconsin Supreme Court · 1871

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Miller v. StateWisconsin Supreme Court · 1909
  2. Hines v. SweeneyWyoming Supreme Court · 1921
  3. Eglsaer v. ScandrettCourt of Appeals for the Seventh Circuit · 1945
  4. Sharon v. Winnebago Furniture Manufacturing Co.Wisconsin Supreme Court · 1910
  5. Wallow v. ZupanWisconsin Supreme Court · 1967

8 more not listed; retrieve them via the Exa API.

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