Schumacher v. Tuttle Press Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: G-eo.W. BubNell, Circuit Judge. Personal injuries. The plaintiff was employed by defendant in July, 1908, as an errand boy and to do sweeping out and general work about its large printing plant. He worked in this capacity till October, when he was set to work at a rotary printing press and was injured two or three days later, at which time he was ten days more than sixteen years old.
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Appeal from a judgment of the circuit court for Winnebago county: G-eo.W. BubNell, Circuit Judge. Personal injuries. The plaintiff was employed by defendant in July, 1908, as an errand boy and to do sweeping out and general work about its large printing plant. He worked in this capacity till October, when he was set to work at a rotary printing press and was injured two or three days later, at which time he was ten days more than sixteen years old. This press was twelve feet long east and west, four feet wide, and four feet in height. It rested on two twelve-foot steel beams running east and…
1Opinion of the Court
WiNsnow, O. T.
The defendant’s chief contention is that a verdict for the defendant should have been directed on the undisputed evidence because the danger was so open and obvious that the plaintiff, though only a boy of sixteen, must be held to have assumed the risk. In support of its position appellant cites Roth v. S. E. Barrett Mfg. Co. 96 Wis. 615, 71 N. W. 1034; Bigelow v. Danielson, 102 Wis. 470, 471, 78 N. W. 599; Helmke v. Thilmany, 107 Wis. 216, 83 N. W. 360; Groth v. Thomann, 110 Wis. 488, 86 N. W. 178; Upthegrove v. Jones & Adams C. Co. 118 Wis. 673, 96 N. W. 385; Horn v. La Crosse…
2Cases cited15 opinions
- Groth v. ThomannWisconsin Supreme Court · 1901
- Chopin v. Badger Paper Co.Wisconsin Supreme Court · 1892
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
- Roth v. S. E. Barrett Manufacturing Co.Wisconsin Supreme Court · 1897
- Thompson v. Johnston Bros.Wisconsin Supreme Court · 1893
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3Cited by5 opinions
- West v. Bayfield Mill Co.Wisconsin Supreme Court · 1910
- Keena v. American Box Toe Co.Wisconsin Supreme Court · 1910
- Reiss v. UtterWisconsin Supreme Court · 1921
- Schweikert v. John R. Davis Lumber Co.Wisconsin Supreme Court · 1911
- Szewczyk v. E. W. Ellis Lumber Co.Wisconsin Supreme Court · 1911