Wilczynski v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Anton Karbowski, while at work in the yard of the Kanawha Fuel Company on the 31st day of July, 1916, was instantly killed by an electric shock. The widow claimed compensation under the workmen’s compensation act.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Anton Karbowski, while at work in the yard of the Kanawha Fuel Company on the 31st day of July, 1916, was instantly killed by an electric shock. The widow claimed compensation under the workmen’s compensation act. The making of the claim operated, under the provisions of’that act,- to assign to the Kanawha Fuel Company her claim against the defendant company, she claiming that the death of her husband was due to the negligence of the defendant. The Kanawha Fuel Company then re-assigned the cause…
1Opinion of the CourtRosenberry, J.
Upon this appeal the defendant contends that the plaintiff cannot recover because her assignor, the Kanawha Fuel Compan}*-, was guilty of contributory negligence as a matter of law which proximately caused Karbowski’s injury; that such contributory negligence of the Kanawha Company bars plaintiff’s action, since she sues as assignee of that compan}'; and that'the defendant’s negligence was not a proximate cause of Karbowski’s death.
In view of the conclusion which we have reached we shall not treat the questions raised under the first two assignments of error. If the negligence of the…
2Cases cited4 opinions
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
- Harton v. Forest City Telephone Co.Supreme Court of North Carolina · 1907
- Seaver v. Town of UnionWisconsin Supreme Court · 1902
- Kumba v. GilhamWisconsin Supreme Court · 1899
3Cited by8 opinions
- Butts v. WardWisconsin Supreme Court · 1938
- Sutton v. Otis Elevator Co.Utah Supreme Court · 1926
- Sandeen v. Willow River Power Co.Wisconsin Supreme Court · 1934
- Byerly v. ThorpeWisconsin Supreme Court · 1936
- Rusczck v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1926
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