Yazdzewski v. Barker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland ■county: Johu K. Pabisi-i, Circuit Judge. This is an action to recover for personal injuries. It appeared upon the trial that the plaintiff on the 29th of July, 1902, was a common laborer about forty-one years of age and ■was employed by the defendants in their lumber • mill at Ashland, where he had been continuously working since May 10th of the same year.
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Appeal from a judgment of the circuit court for Ashland ■county: Johu K. Pabisi-i, Circuit Judge. This is an action to recover for personal injuries. It appeared upon the trial that the plaintiff on the 29th of July, 1902, was a common laborer about forty-one years of age and ■was employed by the defendants in their lumber • mill at Ashland, where he had been continuously working since May 10th of the same year. His Work was to take the lumber -cut by a bandsaw on the east side of his -position and also that cut by a resaw on the west side and place the same on certain live rollers which…
1Opinion of the CourtWinslow, J.
It is strenuously contended by appellants that a verdict for the defendants should have been directed because (1) no negligence on the part of the defendants was shown; (2) it appeared that the injury resulted from the negligence of a co-employee; and (3) the plaintiff assumed the rish. In support of the first: proposition it is said that the evidence conclusively showed that open edgers of the kind in question without guards were in general use in the lumber mills of northern Wisconsin, and hence that there can be no finding of negligence based on the failure to provide guards. While there…
2Cases cited7 opinions
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Boyce v. Wilbur Lumber Co.Wisconsin Supreme Court · 1903
- Innes v. City of MilwaukeeWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ainsley v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1914
- Merton v. Michigan Central RailroadWisconsin Supreme Court · 1912
- West v. Bayfield Mill Co.Wisconsin Supreme Court · 1910
- Sempier v. GoemannWisconsin Supreme Court · 1917
- Hamann v. Milwaukee Bridge Co.Wisconsin Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.