West v. Bayfield Mill Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: Joi-in K. Paeish, Circuit Judge. This is an action to recover damages for the death of one Philip La Pointe, plaintiff’s intestate, which death is alleged to have been caused by the defendant’s failure to securely guard a certain bevel gearing at the side of a live-roller table in the defendant’s sawmill.
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Appeal from a judgment of the circuit court for Bayfield county: Joi-in K. Paeish, Circuit Judge. This is an action to recover damages for the death of one Philip La Pointe, plaintiff’s intestate, which death is alleged to have been caused by the defendant’s failure to securely guard a certain bevel gearing at the side of a live-roller table in the defendant’s sawmill. A judgment for the plaintiff upon a previous trial was reversed by this court for error, and is reported in 144 Wis. 106, 128 IST. W. 992. The machinery is there more fully described and it seems unnecessary to repeat the…
1Opinion of the CourtWiNsnow, C. J.
It was argued by appellant now, as it was argued upon the previous appeal, that the court should have directed a verdict for the defendant because it appeared as matter of law (1) that the defendant had securely guarded the gear, and (2) that .the deceased assumed the risk or was guilty of contributory negligence, or both. These contentions were overruled upon the previous appeal, and that decision would, on familiar principles, form the law of the case upon the second trial if the evidence were substantially the same. The plaintiff claims, however, that there was additional evidence on the…
2Cases cited3 opinions
- Heimlich v. TaborWisconsin Supreme Court · 1905
- Rudiger v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Hackett v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
3Cited by7 opinions
- Eagan v. O'MalleyWyoming Supreme Court · 1933
- Gerlach v. GruettWisconsin Supreme Court · 1921
- Thomas v. Lockwood Oil Co.Wisconsin Supreme Court · 1922
- Slater v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1930
- Maloney v. Wisconsin Power, Light & Heat Co.Wisconsin Supreme Court · 1923
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