Kirchoff v. City of Janesville
| Decision Date | 12 July 1949 |
| Citation | 255 Wis. 202,38 N.W.2d 698 |
| Parties | KIRCHOFF v. CITY OF JANESVILLE. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from an order of the Circuit Court for Rock County; Jesse Earle, Judge.
Reversed.
Personal injuries. This action was commenced on September 29, 1947, by Fred O. Kirchoff, plaintiff, v. The City of Janesville, defendant, to recover damages for an injury sustained by the plaintiff alleged to be due to the negligence of the defendant. The defendant demurred to the plaintiff's complaint.
In his complaint the plaintiff alleges that the defendant City of Janesville, a municipal corporation, maintains and operates a school known as the Janesville Vocational School. That at the time of the injury sustained by the plaintiff, the plaintiff was enrolled in the said Janesville Vocational School for the purpose of receiving instruction in woodworking; that during said instruction periods plaintiff was at times required to operate a certain dangerous machine in said vocational school ship, with rapidly revolving and unguarded gearing, and other machinery, called a wood planer; that on the evening of the 15th day of October, 1946, while plaintiff was engaged during an instruction period in the operation of said wood planing machine, and in the performance of his duty under said course of instruction in said vocational school machine shop, which was and is situated at what is commonly described as 526 S. River Street, Janesville, Wisconsin, and while in the course of his employment, as hereinafter set forth, plaintiff was in the exercise of due care, and wholly on account of the negligence of the defendant, its servants and employees in the course of their employment as hereinafter set out, his right hand and arm was caught in said defective and unguarded gearing and machinery and was severed below the elbow. That said injury to the plaintiff was caused by the negligence of the said defendant city and its employees and servants in the course of their employment, in this:
(1) Failure of said defendant to provide a place safe for the said plaintiff while engaged in the operation of said wood planing machine, as required by Section 101.06 of the Wisconsin Statutes.
(2) Failure of said defendant to provide, adopt and use methods and processes reasonably adequate to protect the health, safety and welfare of the plaintiff at the time and place of said injury.
(3) Failure of the defendant to furnish, provide, and use adequate safety devices and safeguards at the time and place of injury to the plaintiff, and prior thereto, reasonably adequate to render said place and machine safe.
(4) Failure of said defendant to provide a safe and usable wood planing machine and to properly safeguard said machine to prevent such injuries as the plaintiff received at said time and place.
(5) Failure of the defendant to instruct the plaintiff in the proper manner of operating said machine, and to warn him of the danger incident to said operation.
(6) Failure of the defendant to have installed and in working order on the said machine proper devices to brake and stop the working parts of said machine adequately and to disconnect the power.
(7) Failure of the defendant to do every other thing reasonably necessary to protect the health, safety and welfare of the plaintiff at said time and place.
That the aforesaid acts of negligence of the defendant were the proximate cause of the injuries and damages sustained by the plaintiff herein; that by reason of the accident aforesaid, plaintiff was a long time sick, sore and disabled, suffered great pain and mental anguish, and was for a long period of time confined to the hospital; that he was obliged to and did incur medical and hospital expenses at a great outlay of money; that he was unable to pursue his employment for a long period of time, and thereby suffered the loss of a large amount of wages; that he has become permanently disabled and suffered, and still continues to suffer and will in the future, as he is informed and believes, continue to suffer great pain, mental anguish and humiliation; that by reason of the said permanent disability sustained by the plaintiff his earnings will be substantially reduced, as he is informed and believes; all to his damage in the sum of $30,000.
It is further alleged that a claim was duly filed and presented to the common council on the 3rd day of March, 1947; that more than...
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...There is nothing in the Heiden case which retreats from the full impact of that determination. Again, in Kirchoff v. Janesville (1949), 255 Wis. 202, 206, 38 N.W.2d 698, 700, the court 'If the contention of the plaintiff is sound then every schoolroom is a place of employment and every pupi......
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Korenak v. Curative Workshop Adult Rehabilitation Center
...the safe-place statute. This court has specifically held that a vocational school is not a place of employment. Kirchoff v. City of Janesville (1949), 255 Wis. 202, 38 N.W.2d 698. From the facts as set forth in the complaint, the Center here is not a place of employment, and Mr. Korenak is ......
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...1, 1963 (except as to that case).2 Niedfelt v. Joint School District (1964), 23 Wis.2d 641, 127 N.W.2d 800; Kirchoff v. City of Janesville (1949), 255 Wis. 202, 38 N.W.2d 698.3 Niedfelt v. Joint School District, supra, footnote 2; Lawver v. Joint District (1939), 232 Wis. 608, 288 N.W. 192;......
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Cadeau v. Boys' Vocational School
...or an adult, is not an employee and the place where he receives instruction is not a place of employment.' Kirchoff v. City of Janesville, 255 Wis. 202, 206, 39 N.W.2d 698, 700. See, also, In re Abbott's Estate, 311 Mich. 35, 18 N.W.2d We note, of course, the series of excellently reasoned ......