127 Wis. 318 | Wis. | 1906
1. The first assignment of error involves, primarily, the assertion that there was no credible evidence upon which the jury might have reached their conclusions expressed in the special verdict. With- this we cannot agree. While on many of these questions -there was substantial conflict and, perhaps, what we might deem a preponderance of evidence to the contrary, there was at least some evidence in support of each of the answers, except perhaps the third, which, however, is immaterial in presence of the finding of defendant’s actual knowledge of the defect in the wrench.
2. It is strenuously urged that a monkey wrench falls within the category of common and simple tools, as to which,, it is asserted by the appellant, the master is not bound by the ordinary rule that he must supply his employee with suitable and safe appliances. It may be conceded that, generally speaking, a monkey wrench is in such category, and the rule
3. The chief difficulty arises upon the appellant’s contention that there is no finding that the defect in the wrench was the proximate cau.se of the plaintiff’s injury. It should be remembered that the injury resulted directly from contact with an uncovered gearing, the presence of which was not only unlawful under sec. 1636y, Stats. 1898, and therefore negligent, but might also have been considered negligence on the part of
It is suggested that proximate causation of tbe injury by tbe defect in tbe wrench is so obvious that tbe court must declare it as matter of law. Tbe legal proximate relation between cause and result involves so much of inference from tbe known characteristics of human nature, in deciding what is or should be within tbe reasonable anticipation of tbe ordinarily prudent and intelligent person under all tbe circumstances, that very rarely can that relationship be declared, at least in tbe affirmative, as matter of law. Doubtless there may be sucb cases, as where a railroad train breaks through a known defective bridge, or a pedestrian on a sidewalk steps into an obviously dangerous bole, or a surgical operation is-negligently performed. Allen v. Voje, 114 Wis. 1, 17, 89 N. W. 924. In tbis case, however, while tbe actual causal relation is perhaps undisputed, we think it cannot be said as mat
By ihe Gourb. — Judgment reversed, and cause remanded for new trial.