Lower v. Whitney Bros.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: FbaNK A. Ross, Circuit Judge. This is an appeal from a judgment in favor of the plaintiff and against the defendant for $3,000 damages and costs. The plaintiff seeks to recover for an injury sustained on the 30th day of July, 1910, while in the employ of the defendant on a tug owned and operated by the defendant on Lake Superior and in the Bay of Superior.
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Appeal from a judgment of the circuit court for Douglas county: FbaNK A. Ross, Circuit Judge. This is an appeal from a judgment in favor of the plaintiff and against the defendant for $3,000 damages and costs. The plaintiff seeks to recover for an injury sustained on the 30th day of July, 1910, while in the employ of the defendant on a tug owned and operated by the defendant on Lake Superior and in the Bay of Superior. The plaintiff’s claim is based upon the failure of the defendant to furnish a proper head rope or tie line for use on said tug with which to make the tug fast to scows or other…
1Opinion of the CourtKeewiN, J.
The assignments of error as stated by appellant in brief of counsel raise four propositions: (1) that the plaintiff failed to make out a case of actionable negligence; (2) that plaintiff had assumed the risk; (3) that plaintiff was guilty of contributory negligence; and (4) that the accident was due to the negligence of fellow-servants.
1; Under the first head it is argued that the element of reasonable anticipation is wanting, which is necessary to make actionable negligence, hence no negligence was shown; that negligence is the proximate cause of an injury only when the injury is the natural…
2Cases cited16 opinions
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Curran v. A. H. Stange Co.Wisconsin Supreme Court · 1898
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mehegan v. FaberWisconsin Supreme Court · 1914
- Smith v. Winnebago Realty Co.Wisconsin Supreme Court · 1913