Czapinski v. Thomas Furnace Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tubnee, Circuit Judge. Under a sufficient complaint, after hearing the evidence, instructions, and arguments, the jury by special verdict found •as follows: “(1) Was the grab used by said defendant on the day of -said injury in connection with said crane a reasonably safe appliance in the manner and for the purpose for which the •same was used ? A. Eo.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tubnee, Circuit Judge. Under a sufficient complaint, after hearing the evidence, instructions, and arguments, the jury by special verdict found •as follows: “(1) Was the grab used by said defendant on the day of -said injury in connection with said crane a reasonably safe appliance in the manner and for the purpose for which the •same was used ? A. Eo. “(2) If you answer the first question ‘Eo,’ then answer: Was said defendant negligent in failing to supply such reasonably safe appliance? A. Yes. ;‘(3.) If you answer the…
1Opinion of the CourtTimliu, J.
An inspection of the verdict discloses that the first three questions assert a negligent failure of duty on the part of the defendant which caused plaintiff’s injury. This consisted in the failure to furnish a reasonably safe appliance. The fourth, fifth, and tenth questions, if taken together with the undisputed evidence that the plaintiff was not warned or instructed and that the president of the defendant, in actual personal charge of its manufacturing operations, knew and the plaintiff did not know that pieces of iron occasionally dropped from the open returning grab of the crane, assert…
2Cases cited6 opinions
- Greenberg v. Whitcomb Lumber Co.Wisconsin Supreme Court · 1895
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Strahlendorf v. RosenthalWisconsin Supreme Court · 1872
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1888
- Herring v. E. I. Du Pont de Nemours Powder Co.Wisconsin Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sempier v. GoemannWisconsin Supreme Court · 1917
- Smee v. Checker Cab Co.Wisconsin Supreme Court · 1957
- Poos v. Fred Krug Brewing Co.Nebraska Supreme Court · 1917
- Poos v. Fred Krug Brewing Co.Nebraska Supreme Court · 1917