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NELSON v. L. & J. PRESS CORP.

No. 313.

65 Wis.2d 770 (1974)

223 N.W.2d 607

NELSON, Plaintiff, v. L. & J. PRESS CORPORATION, Defendant and Third-Party Plaintiff and Respondent: BARG ELECTRIC COMPANY and another, Third-Party Defendants and Appellants.

Supreme Court of Wisconsin.

Decided December 2, 1974.

Attorney(s) appearing for the Case

For the third-party defendant-appellant Barg Electric Company there was a brief by Kluwin, Dunphy, Hankin & McNulty of Milwaukee, and oral argument by Bernard J. Hankin; and for the third-party defendant-appellant Velvac, Inc., there was a brief by Law Office C. Donald Straub of Milwaukee, and oral argument by C. Donald Straub.

For the respondent there was a brief by Prosser, Wiedabach, Lane & Quale, S. C. of Milwaukee, and oral argument by Jack R. Wiedabach.

ROBERT W. HANSEN, J.

What caused the punch press to repeat, when set for the "once" operation, and who was responsible for its so doing?

Was the continuous operation of the punch press caused by plaintiff's operation of the foot pedal? The jury rejected this conclusion as to what happened. It found no contributory negligence on the part of the plaintiff. That conclusion is supported by evidence that the plaintiff operator was using the foot control...

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