Legal Opinion

Pennell v. Rumely Products Co.

Wisconsin Supreme Court

Decided December 8, 1914PublishedCited by 3 opinions

Appeal from a judgment of tbe circuit court for La Crosse county: E. C. IIigbee, Circuit Judge. The plaintiff brings this action to recover damages for an injury received by reason of his arm having been caught between a pulley attached to the cylinder shaft of a threshing-machine and a belt running from such pulley to operate a self-feeding device attached to the machine.

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Appeal from a judgment of tbe circuit court for La Crosse county: E. C. IIigbee, Circuit Judge. The plaintiff brings this action to recover damages for an injury received by reason of his arm having been caught between a pulley attached to the cylinder shaft of a threshing-machine and a belt running from such pulley to operate a self-feeding device attached to the machine. The machine was on exhibition at' a county fair held at La Crosse in September, 1912. Its front end faced east and on its south side a viewing platform was erected which was fourteen feet long, thirty inches wide, and four…

1Opinion of the CourtBaRetbs, J.

The appellant argues that a verdict should have been directed (1) because the failure to provide a railing for the steps had nothing whatever to do with the plaintiff’s injury, and (2) because the jostling or pushing of the plaintiff was the proximate cause of the injury and defendant was in no sense responsible for it. Failing in these contentions, defendant insists that it is entitled to a new trial because the court erred in charging the jury.

1. Three witnesses testified that they saw the plaintiff while his arm was wedged between the belt and the pulley and that his feet' were on the…

2Cases cited17 opinions

  1. Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
  2. Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
  3. Meyer v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
  4. Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
  5. Jackson v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1894

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

3Cited by3 opinions

  1. Mitchell Realty Co. v. City of West AllisWisconsin Supreme Court · 1924
  2. E. L. Chester Co. v. Wisconsin Power & Light Co.Wisconsin Supreme Court · 1933
  3. Kausch v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1922

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