Dougherty v. West Superior Iron & Steel Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. This action was brought by the plaintiff to recover damages sustained by him while in the defendant’s employ, in and about its steel works, in making- cores to be used in casting iron water pipes.
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APPEAL from the Circuit Court for Douglas County. This action was brought by the plaintiff to recover damages sustained by him while in the defendant’s employ, in and about its steel works, in making- cores to be used in casting iron water pipes. The claim in the complaint, in substance, is that he was employed to work in making special cores by hand power, and that Burns, the manager and foreman of said works, and having power and authority over the defendant’s employees to hire and discharge them at pleasure, negligently and carelessly commanded him to work at a machine for making cores,…
1Opinion of the CourtPinnby, J.
1. The defendant insisted by ifs answer that the plaintiff’s injury was caused by negligence on his part contributing to the result, and as the question of negligence on the part of either party to such actions as the present is often, as in this case, largely one of inference from the facts in evidence, the court should, we think, have submitted to the jury the question whether the plaintiff was guilty of negligence on his part contributing to the injury of which ho complains. That the jury were not instructed on this point, and that there was no finding upon it, seems to have been the…
2Cases cited14 opinions
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Kean v. Detroit Copper & Brass Rolling MillsMichigan Supreme Court · 1887
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Cole v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Martin v. George Hyman Construction Co.District of Columbia Court of Appeals · 1978
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
- Kroger v. Cumberland Fruit Package Co.Wisconsin Supreme Court · 1911
- Holt v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Van Dinter v. Worden-Allen Co.Wisconsin Supreme Court · 1913
11 more not listed; retrieve them via the Exa API.