Scheiderer v. A. George Schulz Co.

• Decision Date: 02 April 1919
• Citation: 169 Wis. 6,171 N.W. 660
• Parties: SCHEIDERER v. A. GEORGE SCHULZ CO.
• Court: Wisconsin Supreme Court

169 Wis. 6

171 N.W. 660

SCHEIDERER

v.A. GEORGE SCHULZ CO.

Supreme Court of Wisconsin.

April 2, 1919.

Appeal from Circuit Court, Milwaukee County; Walter Schinz, Judge.

Action by Caroline Scheiderer against the A. George Schulz Company for damages sustained through injury to her minor son while in defendant's employ. From an order of the circuit court reversing a judgment of the civil court in plaintiff's favor, and dismissing the action, plaintiff appeals. Judgment affirmed.

The defendant operates a box factory in the city of Milwaukee. In January, 1913, Clarence Scheiderer, plaintiff's son, a boy 16 years of age, was employed in the scoring room of the defendant's factory. The machine at which he was working was known as a corner cutting machine, which cuts the corners from cardboard squares. This machine stands upright, and is about four feet in height, having a flat horizontal surface in which there were two slots, into which knives attached to a post above the flat surface moved up and down so as to cut the corners from papers which were laid upon the surface of the table over the slots. The knives were operated by a treadle near the floor at the right-hand side of the machine. The operator used his foot in working this treadle. When he stepped on it the knives would descend through the slots, and when he removed the pressure of his foot they would return to their original position above the table. A piece of tin attached to the floor extended underneath and out from the front of the machine and extended in part over the place where the operator stood. A stick of wood was attached to one end of the treadle, and the other end lay loose upon the floor.

According to the complaint of the plaintiff, on January 10, 1913, the machine at which Clarence Scheiderer was working became clogged. While removing the clogged paper from the slots he came in contact with the stick attached to the treadle, causing the knives to come down and amputate four of his fingers at the knuckles. The plaintiff alleges negligence on the part of the defendant in that the tin under the machine was allowed to become oily and greasy, making the operator's footing insecure and unsafe. She also alleges that the defendant was negligent in failing to adopt and use appliances to remove clogged paper from the machine; that the work required of Clarence Scheiderer at the time of his injury was greater than his strength could endure; that he was not supplied with adequate helpers or assistants, and he was not warned of the dangers of his employment and the operation of the machine.

The answer of the defendant denies that the machine was defective and unsafe. As a separate defense is pleaded the action of the circuit court of Milwaukee, wherein Clarence Scheiderer is plaintiff and against this defendant, in which judgment was rendered against the plaintiff in favor of the defendant and action dismissed upon the finding of the jury that the plaintiff was guilty of contributory negligence.

In the special verdict the civil court in this action found that the defendant permitted Clarence Scheiderer to be in a place of employment which was not as safe as the nature of the employment would reasonably permit; that this fact was the proximate cause of the injury to Clarence Scheiderer; that the defendant failed to adopt and use methods for the conduct of its business which were adequate to render the employment of Clarence Scheiderer as safe as the nature of the employment would reasonably permit; that such failure was the proximate cause of the injury to Clarence Scheiderer; that the failure of the defendant to warn Clarence Scheiderer of the dangers of his employment was a proximate cause of his injury; that Clarence Scheiderer slipped on the oil or grease upon the piece of tin in front of his machine, thereby causing the injury; that he pursued the customary method and process of removing the cardboard from the slots when he did not first adjust a block under the treadle; and that he was not guilty of want of ordinary care contributing to cause his injury.

Judgment was entered, awarding the plaintiff $1,325.24 damages and costs. The circuit court, upon review of the case, dismissed the complaint upon the merits, and ordered that the cause be remanded to the civil court, and clerk of the civil court enter judgment in favor of the defendant and against the plaintiff with costs. This is an appeal from such order.

Henry W. Stark, of Milwaukee, for appellant.

Doe, Ballhorn & Walker, of Milwaukee, for respondent.

SIEBECKER, J. (after stating the facts as above).

[1] The record shows that the circuit court entered an order reversing the judgment of the civil court, and ordered that the cause be remanded to the civil court, with directions that judgment be there entered, dismissing the plaintiff's complaint, with costs. This order of ...