Neilon v. Marinette & Menominee Paper Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: Tbis action was commenced by the plaintiff to recover damages for an injury sustained while in the employment of the defendant. The undisputed facts, as shown by the evidence on the trial, are the following: On the Jth of July, 1886, the plaintiff entered into the employ of the defendant in its paper-mill.
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APPEAL from the Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: Tbis action was commenced by the plaintiff to recover damages for an injury sustained while in the employment of the defendant. The undisputed facts, as shown by the evidence on the trial, are the following: On the Jth of July, 1886, the plaintiff entered into the employ of the defendant in its paper-mill. For a week or ten days he was employed about the mill in carrying rags, shoveling sawdust, etc'. For three days before the accident-…
1Opinion of the CourtTayloR, J.
In submitting the case to the jury, the learned circuit judge proceeded upon the theory that the plaintiff could not recover unless he satisfied the jury from *583the evidence that the foreman, McAlpine, directed him to do the work he alleged he was doing when he was injured. This is evident, not only from the nature of the questions submitted to the jury, but from his instructions to them. After some general remarks, and some reference to the evidence in regard to the question as to whether McAlpine directed the plaintiff to wipe or clean the gearing, as plaintiff alleged he did, the learned…
2Cases cited8 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
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3Cited by4 opinions
- Renne v. United States Leather Co.Wisconsin Supreme Court · 1900
- Winkler v. Philadelphia & Reading Railway Co.Superior Court of Delaware · 1902
- National Enameling & Stamping Co. v. BradyCourt of Appeals of Maryland · 1901
- State Ex Rel. Ducas v. BernheimerCourt of Appeals of Maryland · 1916