Staeffler v. Menasha Wooden Ware Co.
| Citation | 111 Wis. 483,87 N.W. 480 |
| Parties | STAEFFLER v. MENASHA WOODEN WARE CO. |
| Decision Date | 15 October 1901 |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Outagamie county; John Goodland, Judge.
Action by C. W. Staeffler, as administrator of the estate of Christ. Schmidt, deceased, against the Menasha Wooden Ware Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed.J. C. Kerwin, for appellant.
Felker, Stewart & McDonald, for respondent.
This action is brought to recover damages for injuries sustained by the plaintiff's intestate, Christ. Schmidt, while in the employ of the defendant as fireman, July 1, 1894, and from which he died five hours afterwards. It appears from the statement of the case by the plaintiff's attorney, in effect, that the defendant had, a long time previous to the injury in question, constructed a system of pipes and coils for the condensation of exhaust steam, and eventually returning it as hot water to a well or condenser near the boilers. This condenser had been in use several months, and was constructed by the defendant's workmen, by cutting off about 8 feet in length of an old boiler, having on the inside two circular holes, about 12 inches in diameter in the lower half thereof, and an elliptical manhole about the same size in the upper half thereof, each of such holes having an opening in the original head of such section of the boiler. The manhole had been closed by a boiler-iron plate when used as a boiler, and also when used as a condenser. The flue holes were filled with plugs or plates of wood made in two halves, of three-inch oak, planed down on both sides, and beveled to fit the perimeter of the flue holes, and across the inside of these wooden plates were placed two iron straps or small plates, the length of the diameter of the wooden plate, having four bolts to the outside through the plate, so that both halves could be drawn closer to the edge of the holes by means of a nut through which the bolts passed from the outside. The condenser had been so constructed by the defendant's engineer, and the head had been so put in by a boiler maker hired for that purpose. The condenser so constructed was set in a little brick building 10x14 feet, in close proximity to the boilers. There were three inlets through which the water entered the condenser, and there was a 6-inch outlet from the condenser to the roof of the room, and thence extending some 80 feet to the river, in which it was immersed to the depth of about 26 inches at the time of the injury, and the vent or opening was reduced to 4 inches. There was also running from the condenser an inch and a half pipe upward, and exhausting into the air. The deceased had been employed by the defendant three years before his death as a roustabout, doing manual labor of all kinds. After eleven months of such service, he had been made fireman at the large boiler. Nine months afterwards he was made head fireman, and continued as such until the time of his death. His duties were to keep steam and water in the large boiler, and to regulate the water in the condenser, being instructed to keep that half full. The condenser had been so constructed in the presence of the deceased, and had been used several months before the accident. Two months prior to the injury the engineer noticed that the wooden plugs or plates were in bad shape and dangerous, and five weeks before the injury he had notified the superintendent, but never warned the deceased. About 9 o'clock on the evening of July 1, 1894, the deceased, the engineer, and the fireman were standing about 30 feet from the condenser when they heard a hissing noise as if steam was escaping. The deceased at once went into the fire room where the condenser was, and the other two then heard the noise of an explosion,--a dull sound. They thereupon attempted to follow the deceased, but could not for about 10 minutes, by reason of the escaping steam and hot water. In the...
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Sharrow v. Inland Lines, Ltd.
...v. Sargent & Co., 77 Conn. 110, 58 Atl. 709;Poff v. N. E. Telegraph & Telephone Co., 72 N. H. 164, 55 Atl. 891;Staeffler v. Menasha Wooden Ware Co., 111 Wis. 483, 87 N. W. 480;Elliott v. Brazil Block Coal Co., 25 Ind. App. 592, 58 N. E. 736;Rodman v. M. Pac. R. Co., 65 Kan. 645, 70 Pac. 642......
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McMillan v. Spider Lake Sawmill & Lumber Co.
...ensue from the injury. Id. See, also, Hubbard v. Railway Co., 104 Wis. 160, 80 N. W. 454, 76 Am. St. Rep. 855;Staeffler v. Woodenware Co., 111 Wis. 483, 487, 87 N. W. 480. Here the contention is that the plaintiff, as the personal representative of the deceased, has the right to recover dam......
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Evans v. Michelson
...of Madison, for respondents.MARTIN, Justice. It is conceded that this case is ruled in respondent's favor by Staeffler v. Menasha Woodenware Co., 111 Wis. 483, 1901,87 N.W. 480, unless that case is now overruled. A brief reference to the history of the Staeffler case, supra, seems necessary......
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