86 Wis. 226 | Wis. | 1893
The main facts of this case are as follows.:
At the time of the accident that caused the death of the respondent’s intestate, the appellant company owned and
It will be observed that this is a thin and hollow cylinder thirty-five feet in diameter, and nearly 100 feet high, standing and bearing up many tons in weight by its own unsupported strength. The diminishing diameter of the conic section would naturally so compress, the expanding gases and heated air within the lower section as to challenge to its utmost its power of resistance. From its great dimensions,
On the 28th day of September, 1891, in the morning, before 6 o’clock, there was an attempt to start a fire in the burner before the mill started, but just after the mill started .some small wet Norway slabs came through the conveyor and put it out. At 7 o’clock they broke up an oil barrel, and attempted to start the fire again, and then broke up more oil barrels.; but it burned slowly, and slabs came in incessantly.. They tried to increase the fire by the use of shavings and. kerosene oiL About 9 o’clock, Graham, the superintendent, came, and saw the condition of the fire in the burner. He gave some directions, and went away. About 10:30 o’clock the fire started up a little better. At 11 o’clock, Graham looked down into the burner, and it was full of smoke. He was told that the burner was full of slabs. Some one tried to throw the slabs out of the conveyor as fast as they came, but this could not be done. All this time the mill was running, and the slabs were coming into the burner, and had been coming about five hours before 11 o’clock, when the fire got under headway. About 12 o’clock the fire seems to have ignited the whole mass within the burner, and it became an intensely hot fire, and the heat and flames shot up into the air above the burner; and, between 12 and 1 o’clock, Louis Knudson, the deceased, who was ordered to do certain work as a carpenter, which required him to go in a pathway along by and near the burner, happened to be at that time in the very spot where he came to his death. Just as he was passing by the burner, it suddenly eollapsed or broke to pieces, and the third or highest section came to the ground head-foremost, and fell upon the ill-fated Knudson, and, of course, killed him instantly.
This action is brought by the administrator of his estate to recover damages for the benefit of. his estate, according
The ease was ably tried on both sides, and the rulings and instructions of the court appear to have been fair and considerate, and the .verdict is sustained by the evidence, and just, and we find no cause for disturbing it.
By the Court.— The judgment of the circuit court is affirmed.