Krueck v. Phoenix Chair Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sheboy-gan county: Michael EibwaN, Circuit Judge. On October 10, 1912, tbe plaintiff was injured while in tbe employment of defendant operating a grooving saw.
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Appeal from a judgment of tbe circuit court for Sheboy-gan county: Michael EibwaN, Circuit Judge. On October 10, 1912, tbe plaintiff was injured while in tbe employment of defendant operating a grooving saw. A special verdict found: (1) tbe unguarded groove saw which injured tbe plaintiff’s band was so located as to be dangerous to him in discharging tbe duty of bis employment which be was performing when be was injured; (2) defendant’s failure to guard tbe saw was a proximate cause of tbe plaintiff’s injury; (3) tbe rubber bumper which a lever pressed down on tbe chair backs to bold them in…
1DissentBabees, J.
Sec. 1636/, Stats., provided that “All saws . . . which are so located as to be dangerous to employees in the discharge of their duty shall be securely guarded or fenced.” Oh. 396, Laws of 1911, which is now a part of sec. 1636//, provides that “the duty to guard ... in the manner required . . . shall be absolute. The exercise of ordinary care on the part of the employer shall not be deemed a compliance with such duties.”
The learned circuit judge thought that, inasmuch as this saw was admittedly unguarded and located so as to be dangerous, it was immaterial whether or not there was any way in…
2Cases cited14 opinions
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Rosholt v. Worden-Allen Co.Wisconsin Supreme Court · 1913
- Columbia Water Power Co. v. Columbia Electric Street Railway Light & Power Co.Supreme Court of the United States · 1899
- Willette v. Rhinelander Paper Co.Wisconsin Supreme Court · 1911
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