Hansen v. Milwaukee Coke & Gas Co.
Wisconsin Supreme Court
Appeal from a judgment' of the circuit court for Milwaukee county: Ebank A. Eoss, Judge. This action was brought by the plaintiff to recover damages for the death of his son, who was killed in the defendant’s plant in Milwaukee April 28, 1911, by being caught' by a large metal counterweight which moved up and down between guides and which was a part of the mechanical apparatus used in the defendant’s plant for handling coal.
Read the full summary
Appeal from a judgment' of the circuit court for Milwaukee county: Ebank A. Eoss, Judge. This action was brought by the plaintiff to recover damages for the death of his son, who was killed in the defendant’s plant in Milwaukee April 28, 1911, by being caught' by a large metal counterweight which moved up and down between guides and which was a part of the mechanical apparatus used in the defendant’s plant for handling coal. The machinery in question consisted of a coal bridge about 550 feet in length, one end of which stands on a pivot, which pivot is about thirty feet high. On top of the…
1Opinion of the CourtKehwiN, J.
We think the court below was right' in granting a nonsuit. There is no evidence in the record sufficient to carry the case to the jury on the question of defendant’s negligence.
Counsel for appellant argues that the coal-raising apparatus in question used to operate the large coal bucket was a “gearing,” a “hoist,” or an “elevator” within the meaning of sec. 1636.;, Stats., and should have been guarded; that the counterweight was so located as to be dangerous to employees in the discharge of their duties; and that the failure to guard was the cause of the injury and death of deceased.
The…
2Cases cited4 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Hamann v. Milwaukee Bridge Co.Wisconsin Supreme Court · 1906
- Stock v. KernWisconsin Supreme Court · 1910
- Kaszubowski v. Johnson Service Co.Wisconsin Supreme Court · 1912
3Cited by2 opinions
- Hansen v. Milwaukee Coke & Gas Co.Wisconsin Supreme Court · 1914
- Zurich General Accident & Liability Insurance v. BowersWisconsin Supreme Court · 1920