Powell v. Ashland Iron & Steel Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca eounty: Chas. M. Webb, Circuit Judge. Action to recover damages for personal injuries. Plaintiff was a man twenty-two years of age, and of average intelligence so far as shown by the pleadings and evidence. He was in the employ of defendant in operating an iron-man u-'facturing plant.
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Appeal from a judgment of the circuit court for Waupaca eounty: Chas. M. Webb, Circuit Judge. Action to recover damages for personal injuries. Plaintiff was a man twenty-two years of age, and of average intelligence so far as shown by the pleadings and evidence. He was in the employ of defendant in operating an iron-man u-'facturing plant. While so employed he stepped into the lower opening of an elevator shaft, or leaned into such opening, for the purpose of placing a workman’s dinner pail on the elevator to send it to the top landing where such workman was employed. While in the act of so…
1Opinion of the Court
Maeshall, J".
The sole question on this appeal is, Hoes the evidence conclusively show contributory negligence on plaintiff’s part? Otherwise that branch of the case was exclusively for the jury, and the trial court erred in changing the finding in that regard and in rendering judgment for the defendant.
The general rule is too firmly established and well understood to require discussion here, to the effect that unless the *38proof of contributory negligence is so clear and decisive as to leave no room for unbiased and impartial minds to come to any other conclusion, or, as it is sometimes said,…
2Cases cited13 opinions
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
- Duame v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
- Faber v. C. Reiss Coal Co.Wisconsin Supreme Court · 1905
- Rusch v. Sentinel-News Co.Wisconsin Supreme Court · 1933
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
56 more not listed; retrieve them via the Exa API.