Welch v. Morton Salt Co.
Wisconsin Supreme Court
Appeal from an order of the superior court of Douglas county: Solon L. Perrin, Judge. Action for. personal injury sustained by plaintiff, an infant of about five years of age, on August 23, 1919, at defendant’s salt works near Tower Bay Slip, Superior, by coming in contact with an auger salt conveyer claimed to have- been left uncovered. Plaintiff was dumb and his hearing was defective or entirely lacking.
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Appeal from an order of the superior court of Douglas county: Solon L. Perrin, Judge. Action for. personal injury sustained by plaintiff, an infant of about five years of age, on August 23, 1919, at defendant’s salt works near Tower Bay Slip, Superior, by coming in contact with an auger salt conveyer claimed to have- been left uncovered. Plaintiff was dumb and his hearing was defective or entirely lacking. The day before the accident he had been at the plant of the defendant and had been chased out by defendant’s employees over half a dozen times. He persisted in coming back and was there at…
1Opinion of the Court
The following opinion was filed October 18, 1921:
Vinje, J.
We shall not set forth the evidence as to the degree of diligence used by plaintiff to prepare for trial. Upon important points it is in conflict, and that being so it was especially a question for the trial court to decide. We cannot say .there was an'abusé of discretion in resolving that issue in favor of plaintiff.
The serious question in the case is whether the newly-discovered evidence, taken as true, shows actionable negligence on the part of the defendant. Such evidence is not as specific upon certain points as it should be and…
2Cases cited5 opinions
- R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
- Eggen v. FoxWisconsin Supreme Court · 1905
- Godfrey v. GodfreyWisconsin Supreme Court · 1906
- Bailey v. McCormickWisconsin Supreme Court · 1907
- Gross Coal Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
3Cited by2 opinions
- Krippner v. MatzSupreme Court of Minnesota · 1939
- State v. BidwellWisconsin Supreme Court · 1930