Schmit v. Frederickson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray SteveNS, Circuit Judge. This action was brought to recover for personal injuries. There was a verdict and judgment for plaintiff, and defendants appealed. At the close of the evidence the defendants moved for a directed verdict, which was denied, and afterwards moved for a new trial, which was denied.
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Appeal from a judgment of the circuit court for Dane county: E. Ray SteveNS, Circuit Judge. This action was brought to recover for personal injuries. There was a verdict and judgment for plaintiff, and defendants appealed. At the close of the evidence the defendants moved for a directed verdict, which was denied, and afterwards moved for a new trial, which was denied. The plaintiff, together with Willie Knetchges and Pat Brady, were at the time of the injury in the employ of the defendants and engaged in unloading timber from a wagon onto a lumber pile, and the negligence complained of is…
1Opinion of the CourtKerwiN, J.
Two questions are presented upon tbis appeal. (1) Whether tbe defendants were guilty of negligence j and (2) whether tbe plaintiff was guilty of contributory negligence.
After a careful examination of tbe record we are convinced tbat there is no proof of negligence. Tbe servants Brady and Nnetchges deny tbat tbe timber was thrown or tbe plaintiff injured in any manner. Tbe burden of proof .was upon the plaintiff to prove negligence. Tbe operation of unloading tbe timber was very simple. The timbers were 8x8 and twelve feet long. Tbe wagon was close to tbe lumber pile and tbe load about on a…
2Cases cited2 opinions
- Schultz v. Frankfort Marine, Accident & Plate Glass InsuranceWisconsin Supreme Court · 1913
- Johnson v. Berwind Fuel Co.Wisconsin Supreme Court · 1913
3Cited by1 opinion
- Munia v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1917