Bagnowski v. A. J. Lindermann & Hoverson Co.

• Decision Date: 19 June 1896
• Citation: 93 Wis. 592,67 N.W. 1131
• Court: Wisconsin Supreme Court
• Parties: BAGNOWSKI v. A. J. LINDERMANN & HOVERSON CO.

93 Wis. 592

67 N.W. 1131

BAGNOWSKI

v.A. J. LINDERMANN & HOVERSON CO.

Supreme Court of Wisconsin.

June 19, 1896.

Appeal from superior court, Milwaukee county; R. N. Austin, Judge.

Action by John Bagnowski, by guardian, against the A. J. Lindermann & Hoverson Company, to recover for personal injuries. Judgment for plaintiff, and defendant appeals. Reversed.

This action was brought to recover damages which the plaintiff, a minor of the age of 17 years, had sustained, as alleged, by reason of the negligence of the defendant, while he was employed in running a certain machine or cutting press used in its business. It was alleged, and the evidence tended to show, that the machine contained a double set of knives, three on top and three below, and was operated by steam power, by means of a belt attached to other gearing in the shop, and was used for cutting stovepipe elbows, and that the knives were so attached as to cut four pieces at each stroke. The plaintiff, in operating the machine, was obliged to hold a piece of sheet iron in his hands, and shove it in and adjust it between the knives; and in doing so it became necessary for him to gauge the sheet in such a way that his fingers, each time, came within an inch of the knives, and he had to hold it there, against the gauges, and then bring his foot down upon the treadle, and this caused the knives to cut the sheet of iron. It was alleged that by reason of youth and inexperience the plaintiff did not comprehend and appreciate the danger incident to the employment, as the defendant knew, and that the defendant failed and neglected to give him proper instructions in that respect; that, while operating said machine, it became out of order, so that the pieces of iron cut would accumulate between the knives to the number of 25 or 30, adhering together, and while he was attempting to adjust a piece of sheet iron so as to cut it properly, the knives not being in motion, about 30 pieces of iron fell down from where they had so adhered, upon the treadle of the machine, and caused a stroke of the knives by which they cut off the greater part of three fingers of the plaintiff's right hand; that at the time said knives were very dull, and so imperfectly set as to cause such pieces of iron to so accumulate and adhere together; that said machine was otherwise out of order, causing said pieces of iron to clog, instead of dropping one by one from the machine, and in that it did not have a guard...