110 Wis. 48 | Wis. | 1901
When the defendant’s agent, Diebler, requested the plaintiff to assist him in the work of putting the binder upon the trucks, and the plaintiff consented to do so, the plaintiff became for the time being defendant’s servant
The question to be decided, therefore, is simply whether the danger of the machine falling over was such a danger as called for a warning on the part of Diebler before he set the plaintiff at work.
Upon this question, it seems to us that the answer must dearly be in the negative. The placing of a binder upon its trucks is an operation of a similar character to many operations which are continually going on upon a farm, and in which boys of the age of the plaintiff are frequently called upon to assist. The danger of the machine falling over, if not properly blocked up, was patent to a boy of this age as well as to a man. There is, of course, danger in any operation involving the lifting and moving of heavy articles which may lose their equilibrium, but this danger is one within the common knowledge of boys as well as men. It would not be reasonable to hold that a boy must be warned that a heavy article may fall and hurt him, if not properly supported, every time he is asked to assist in moving it.
By the Court. — -Judgment affirmed.