91 Wis. 626 | Wis. | 1895
This is an action to recover damages for personal injuries sustained by the plaintiff July 6, 1893, about 7 o’clock P. M., while in the employ of the defendant in repairing its trimmer in its sawmill, at Washburn. At. the close of all the evidence the court directed a verdict in-favor of the defendant, and from the judgment entered; thereon the plaintiff brings this appeal.
The only question presented is whether the evidence is-sufficient to have taken the case to the jury. The undisputed evidence tended to prove that the plaintiff was at the-time thirty years of age; that he had worked in and about sawmills ten or twelve years; that he had worked in this.
The undisputed evidence further tended to prove that in-the spring prior to the injury the plaintiff assisted in making repairs on the mill; that he worked on this trimmer with the night foreman, and was there when they commenced1 boxing up this machine on the back side and ends, but there was a hole left on the back-side of the table, about three-or
Such being the nature of the undisputed evidence, the-trial court very properly directed a verdict in favor of the defendant. The danger of reaching down through the hole to get the end of the chain, lying within two or three inches of the saw, when the ■ same was running, was open and obvious to any person of ordinary intelligence, and especially to one with the experience and of the age of thé plaintiff. Burnell v. West Side R. Co. 87 Wis. 387; Dougherty v. West Superior I. & S. Co. 88 Wis. 350. The mere fact that the plaintiff had, the spring before, remonstrated against the saws being boxed up, as they were, and. had been assured that the work would be all right, did not excuse the plaintiff from exercising ordinary care to avoid the danger.
By the Court.— The judgment of the circuit court is affirmed.