Williams v. J. G. Wagner Co.

• Decision Date: 21 May 1901
• Citation: 86 N.W. 157,110 Wis. 456
• Parties: WILLIAMS v. J. G. WAGNER CO.
• Court: Wisconsin Supreme Court

110 Wis. 456

86 N.W. 157

WILLIAMS

v.J. G. WAGNER CO.

Supreme Court of Wisconsin.

May 21, 1901.

Appeal from superior court, Milwaukee county; John C. Ludwig, Judge.

Action by Frank W. Williams against the J. G. Wagner Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

This is an action to recover for personal injuries. The evidence shows that the defendant is a corporation manufacturing bridges and structural iron work at Milwaukee; that in April, 1897, the plaintiff, who was then a man nearly 36 years of age, commenced work for the defendant in its shop at Milwaukee, and continued so to work until January 31, 1898, when the accident happened of which he complains; that for 5 or 6 weeks he worked as helper about the shop, and was then put in charge of a Bryant metal sawing machine which he operated up to the time of the accident; that this machine was a machine used to cut iron and steel beams according to marks previously made upon them; that it was driven by an electric motor which was placed in a covered box at one end of the machine; that the machine itself was about 10 feet in length, exclusive of the motor box, 2 1/2 feet in width, and 2 feet in height from the floor on which it rested; that the motor box was 23 inches high, 2 feet wide, and 28 inches long, and that between the machine and the motor box there were four geared cogwheels, running in mesh, which served to reduce the speed of the machine and give it strength, the wheels being in two pairs, each consisting of a large and a small wheel; that the distance between the cogwheel nearest the electric motor at its lowest point to the bed of the machine is about 3 inches; that the wheels all revolved vertically, and turned from the inside upward, and were not covered in any way; that the machine itself rested on a bed of planks about 12 feet long, forming a sort of platform, which was above the floor of the shop about 4 or 5 inches, under the body of the machine, and about 2 inches under the motor box and the gears, which platform extended out upon the east side of the machine far enough to make a passageway over which the plaintiff and many of the defendant's other employés passed many times daily; that the plaintiff's duties upon this machine were to cut steel beams according to marks previously made, said beams being placed on a movable table at the south end of the machine in front of the saw, and also to keep the machine clean and in order, and oil the same, and to turn the electric power on or off from the motor as required; that on the day of the accident the plaintiff was cutting a channel 16 or 17 inches in width, which had been placed in position on the movable table and clamped down; that he turned on the power, and, standing on the west side of the machine, watched the cutting for about 15 minutes, and then turned and walked around the north end of the machine, where the motor box was, and to the east side of the machine, where, standing upon the platform, he watched its operation for about 5 minutes; that he then turned back, and noticed a spot upon...