Keena v. American Box Toe Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Obeeit T. Williams, Circuit Judge. This is an action for personal injuries. It appeared on the trial that on July 20, 1907, the plaintiff was injured while working at a machine in the defendant’s shop in Milwaukee, she being at the time fourteen years and two months old.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: Obeeit T. Williams, Circuit Judge. This is an action for personal injuries. It appeared on the trial that on July 20, 1907, the plaintiff was injured while working at a machine in the defendant’s shop in Milwaukee, she being at the time fourteen years and two months old. She had been employed by the defendant corporation about six weeks before the accident, her principal duties being to count and pack in boxes the shoe tips made by the company, which were pieces of leather and canvas pressed together, four or five inches in…
1Opinion of the CourtWinslow, C. J.
The broad claim is made that the defendant was under no duty to warn the plaintiff of the dangers connected with the operation of the machine, because such dangers, if any, were so open and obvious that even a child of plaintiff’s age must be presumed to have known and appreciated them. Upon this contention reliance is placed on Groth v. Thomann, 110 Wis. 488, 86 N. W. 178; Kuich v. Milwaukee B. Co. 139 Wis. 101, 120 N. W. 261; and similar cases.
That the case is very close to the border line cannot be doubted. As to an adult under such circumstances it would *235be at once said bj tbe court that…
2Cases cited4 opinions
- Groth v. ThomannWisconsin Supreme Court · 1901
- Phipps v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Kuich v. Milwaukee Bag Co.Wisconsin Supreme Court · 1909
- Schumacher v. Tuttle Press Co.Wisconsin Supreme Court · 1910
3Cited by2 opinions
- Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914
- Schweikert v. John R. Davis Lumber Co.Wisconsin Supreme Court · 1911