Herring v. E. I. Du Pont de Nemours Powder Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Bayfield' county: John K. Parish, Circuit Judge. Action for personal injury. Defendant was tbe proprietor-of a large plant at Barkesdale, Wisconsin, for tbe manufacture of dynamite and other bigb explosives. Plaintiff and a co-employee were charged with tbe duty of conducting tbe process of manufacturing nitroglycerine in one of tbe bouses adapted to that purpose.
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Appeal from a judgment of tbe circuit court for Bayfield' county: John K. Parish, Circuit Judge. Action for personal injury. Defendant was tbe proprietor-of a large plant at Barkesdale, Wisconsin, for tbe manufacture of dynamite and other bigb explosives. Plaintiff and a co-employee were charged with tbe duty of conducting tbe process of manufacturing nitroglycerine in one of tbe bouses adapted to that purpose. Tbe process consisted of drawingglycerine through one pipe into a tank called a “nitrator,” and in drawing mixed nitric and sulphuric acid through another pipe to mix therewith. The…
1Opinion of the CourtDodge, J.
There being evidence that, by reason of tbe inherent characteristics of tbe earthenware spigot, tbe core or plug thereof was liable to be raised in its socket by tbe upward pressure to which it was subjected, that by sucb raising was rendered possible and probable tbe escape of acid in sucb a way as to endanger those necessarily working about -such spigot, and that tbe device intended to prevent sucb rais*416ing was, by reason of wear and other surrounding circumstances, likely to fail of its purpose, we deem it clear that a. situation was shown which the jury might have deemed inconsistent with…
2Cases cited5 opinions
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1888
- Grant v. Keystone Lumber Co.Wisconsin Supreme Court · 1903
- Cowan v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1891
3Cited by7 opinions
- Slate v. City of Ft. WorthCourt of Appeals of Texas · 1917
- Gerbig v. BellWisconsin Supreme Court · 1910
- Gorsegner v. BurnhamWisconsin Supreme Court · 1910
- Czapinski v. Thomas Furnace Co.Wisconsin Supreme Court · 1914
- Herring v. E. I. Du Pont de Nemours Powder Co.Wisconsin Supreme Court · 1911
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