Osborne v. Lehigh Valley Coal Co.
Wisconsin Supreme Court
Appeal from an order of the superior court of Douglas county: Chaeles Smith, Judge. The plaintiffs decedent was injured while in the employment of the defendant, working as a common laborer loading coal into cars upon the defendant’s coal dock at the city of Superior in the night time, by being run over by an empty car, which was being let down to the place of loading in the usual manner, but with more than usual speed.
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Appeal from an order of the superior court of Douglas county: Chaeles Smith, Judge. The plaintiffs decedent was injured while in the employment of the defendant, working as a common laborer loading coal into cars upon the defendant’s coal dock at the city of Superior in the night time, by being run over by an empty car, which was being let down to the place of loading in the usual manner, but with more than usual speed. Cars were let to run down to the place of loading by their own gravity,, under the control of a brakeman. The cars were let down and loaded on several parallel tracks. At the…
1Opinion of the Court
The following opinion was filed June 11, 1897:
Uewmaít, J.
The general ground on which a right of recovery is claimed is the failure of the defendant to provide a safe place for the plaintiff’s decedent to do his work in.
It does not appear how long experience'the decedent had had at the employment at which he was engaged. But he was an adult man, and- must be presumed to have known and appreciated all such risks of the employment as were open and obvious to a man of ordinary apprehension. Jones v. Florence Mining Co. 66 Wis. 268; Luebke v. Berlin Machine Works, 88 Wis. 442; Klatt v. N. C.…
2Cases cited5 opinions
- Jones v. Florence Mining Co.Wisconsin Supreme Court · 1886
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Luebke v. Berlin Machine WorksWisconsin Supreme Court · 1894
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1896
- Casey v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1895
3Cited by11 opinions
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Mielke v. Chicago & Northwesteen Railway Co.Wisconsin Supreme Court · 1899
- Renne v. United States Leather Co.Wisconsin Supreme Court · 1900
- West v. Bayfield Mill Co.Wisconsin Supreme Court · 1910
- Bethlehem Iron Co. v. WeissCourt of Appeals for the Third Circuit · 1900
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