Legal Opinion

Powalske v. Cream City Brick Co.

Wisconsin Supreme Court

Decided May 21, 1901PublishedCited by 15 opinions

Appeal from a judgment of the superior court of Milwaukee county: Oeeen T. Williams, Judge. At the time of and for a considerable period before the occurrence complained of, defendant was a manufacturer of brick and. plaintiff was one of its employees. A part of the brickmaking plant consisted of a building, in which was located, near the north end, a machine called a “ crusher,” through which the clay was put before being made up into brick.

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Appeal from a judgment of the superior court of Milwaukee county: Oeeen T. Williams, Judge. At the time of and for a considerable period before the occurrence complained of, defendant was a manufacturer of brick and. plaintiff was one of its employees. A part of the brickmaking plant consisted of a building, in which was located, near the north end, a machine called a “ crusher,” through which the clay was put before being made up into brick. The clay was conveyed to the crusher in this way: In the north end of the building was an opening five feet square, the lower side of which was at the…

1Opinion of the CourtMaeshaul, J.

Though the complaint charges respondent with three distinct breaches of duty, it is not claimed that any was established by the evidence except that involved in the question of whether the unguarded shaft was so located as to be dangerous to appellant in the performance of his duty as one of the respondent’s employees. Sec. 1636/, Stats. 1898, provides that, “The owner or manager of every place where persons are employed to perform labor shall securely guard or fence all . . . shafting . . . which is so located as to be dangerous to employees in the discharge of their duty.” Now, if it would…

2Cases cited5 opinions

  1. Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
  2. Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
  3. Gorr v. MittlestaedtWisconsin Supreme Court · 1897
  4. Dewey v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
  5. Maanum v. City of MadisonWisconsin Supreme Court · 1899

3Cited by15 opinions

  1. Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
  2. Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
  3. Kroger v. Cumberland Fruit Package Co.Wisconsin Supreme Court · 1911
  4. Miller v. Kimberly & Clark Co.Wisconsin Supreme Court · 1908
  5. West v. Bayfield Mill Co.Wisconsin Supreme Court · 1910

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