102 Wis. 470 | Wis. | 1899
An inspection of the complaint shows that the issuable facts as to defendant’s neglect may be stated as-follows: That plaintiff was inexperienced as to his duties, and that defendant failed and neglected to instruct or inform him as to the dangers pertaining to his work; that defendant neglected to furnish sufficient help to operate his pulp-
In this case, counsel for defendant asked the court to submit twenty-one different questions, only a very few of which were applicable to the case or proper to be given. There are, however, several questions relating to defendant’s negligence, and bearing upon the controverted facts, which the court ought to have submitted. One related to the fact of whether plaintiff had been cautioned or warned not to attempt to straighten the felt just before it reached the press rollers. Another related to the defective character of the felt. Others were sufficient to suggest to the court the actual facts in controversy, and all of which the court refused to submit. The only question in the verdict bearing upon defendant’s negligence is? as follows: “Was the injury to plaintiff proximately caused by defendant’s negligence ? ” It requires but a glance to discover that it is susceptible to the criticism heretofore suggested. The form is not to be approved, and its harmful character was heightened by the court’s instruction. He tells the jury that “ proximate cause means the nearest cause; direct or immediate cause, in con-, tradistinction to the indirect or remote cause.” Applying this instruction to the question submitted, it requires no argument to demonstrate the faulty and harmful character of both questions and instruction. Deisenrieter v. Kraus-Merkel M. Co. 97 Wis. 279.
The jury found, in answer to questions 2 and 3, that the
The evidence shows that the plaintiff was a bright, intelligent boy; that he had worked at this identical machine several months continuously during the year previous to his injury; that he had been at work on the same machine from some time in November to the last day of January, the day he Avas hurt. He had watched others handle the machine, and had learned how to handle the guide roller and to operate the machine. He said he was anxious to learn how to operate the machine, and had had control of the guide roll for a month or more before the accident happened. The dangers of operating the machine were apparent at a glance. There is no pretense or claim that the precise danger to which plaintiff exposed himself was hidden, or that his attention was distracted, or that any cause intervened or contributed to the risk. The allegation in the complaint that the floor was icy, and that plaintiff slipped, causing his hand to be caught betAveen the roll, is not supported by a single fact testified-to in the case. It is true the plaintiff says that he was not warned of the danger of getting his hands in the rolls, and that he did not understand or know there was danger of his getting hurt. There was nothing complicated or hidden in the act he was about to perform. The machine was in plain sight before him. The moving felt was being fed between the rolls, in plain sight, and right before his eyes.- No warning‘that could have been given him could have made the danger of getting his fingers between the rolls more evident. The danger was so plain and obvious from the situation that affirmative proof of the fact was unnecessary. "With nothing to distract his attention, with the danger visible before him, for him to grasp the felt in such
The sixth question in the special verdict, which reads, “ Was the want of ordinary care and prudence on the part of the plaintiff the proximate cause of his injury ? ” is' objectionable. The real inquiry is, Did such want of care and prudence contribute to produce the injury? The form of this question, taken in connection with the definition given the jury of proximate cause, must have left the jury in great confusion.
By the Court.— The judgment of the circuit court is reversed, and the cause is remanded for a new trial.