Houg v. Girard Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marinette county: Samuel D. Hastings, Circuit Judge. Action to recover for a personal injury.
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Appeal from a judgment of the circuit court for Marinette county: Samuel D. Hastings, Circuit Judge. Action to recover for a personal injury. Plaintiff pleaded that, while in the due performance of his duty as an employee of defendant, he was severely injured in his right foot by reason of its being caught by a revolving shaft, armed with a sprocket wheel, collar, and projecting set-screw, so located as to be dangerous to employees in discharge of their duties, unless securely guarded, and that no guard whatever was provided. All material allegations respecting the circumstances of the injury…
1Opinion of the CourtMaRshali, J.
The judgment must be reversed for three reasons. Each involves the sufficiency of the evidence to support some vital part of the verdict. In condemning the result as to each such feature, we keep in mind that this court should not disturb the verdict of a jury as contrary to the evidence, if there is any evidence, which, in any reasonable view, will sustain it; and also appreciating the force which should be given to this other rule: in case a trial court on motion to set aside a verdict as contrary to the evidence approves it, his judgment should not be overruled unless clearly wrong. But in…
2Cases cited2 opinions
- Miller v. Kimberly & Clark Co.Wisconsin Supreme Court · 1908
- Powalske v. Cream City Brick Co.Wisconsin Supreme Court · 1901
3Cited by11 opinions
- Kroger v. Cumberland Fruit Package Co.Wisconsin Supreme Court · 1911
- Reichert v. Rex Accessories Co.Wisconsin Supreme Court · 1938
- Kaszubowski v. Johnson Service Co.Wisconsin Supreme Court · 1912
- Southern Utilities Co. v. MatthewsSupreme Court of Florida · 1922
- Hotchkiss v. Green Bay & Western RailroadWisconsin Supreme Court · 1913
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