Hazen v. West Superior Lumber Co.
Wisconsin Supreme Court
Appeal from an order of the superior court of Douglas county: Chaeles Smith, Judge. This action was brought to recover against the defendant damages for injuries to plaintiff received by him while in its employ and by reason of its alleged negligence.
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Appeal from an order of the superior court of Douglas county: Chaeles Smith, Judge. This action was brought to recover against the defendant damages for injuries to plaintiff received by him while in its employ and by reason of its alleged negligence. The complaint alleges, in substance, the hiring of plaintiff by defendant to work for it in its mill, and that the next morning he was set to work at a machine in the mill for cutting oif the ends of lath, consisting of a framework, resting on the floor of the mill, three or four feet high; that two circular saws projected from and beyond the…
1Opinion of the CourtPiNNet, J.
It must be assumed from the allegations of the complaint that the plaintiff was a person of ordinary intelligence and mature judgment. He was thirty-five years of age, and had always been able to do all kinds of manual labor. It does not appear that the work he was performing required special skill or extraordinary precaution. The injury of which he complains was not caused by any hidden *211defect or concealed danger. The situation plainly indicated the particular dangers from which his injury resulted. These perils and risks were so open and obvious that by a fair exercise of his senses and the…
2Cases cited2 opinions
- Darcey v. Farmers' Lumber Co.Wisconsin Supreme Court · 1894
- Peterson v. Sherry Lumber Co.Wisconsin Supreme Court · 1895
3Cited by20 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Gossens v. Mattoon Manufacturing Co.Wisconsin Supreme Court · 1899
- Borden v. Daisy Roller Mill Co.Wisconsin Supreme Court · 1898
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
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