Smith v. Lederer
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: W. J. TueNee,, Circuit Judge. Action for a personal injury. The evidence, as to the issues raised by the pleadings, is to this effect: Plaintiff, a drayman, was employed by defendant Lederer to convey a load of wall paper, from the latter’s store room on the third floor of a building, to his retail place, a short distance away.
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Appeal from an order of the circuit court for Milwaukee county: W. J. TueNee,, Circuit Judge. Action for a personal injury. The evidence, as to the issues raised by the pleadings, is to this effect: Plaintiff, a drayman, was employed by defendant Lederer to convey a load of wall paper, from the latter’s store room on the third floor of a building, to his retail place, a short distance away. The building was possessed by the Acme Ground Rent Company, of which defendant John DeWolf was president. Led-erer was a tenant as to the store room. DeWolf, in general, looked after the building. There…
1Opinion of the Court
The following opinion was filed April 9, 1914:
MaRShall, J.
If a person who is a tenant of a portion of a building which is rented to several,- — to each a particular portion, — employs another to perform a casual service for him, impliedly inviting that other, in performing such serv*486ice, to use an elevator furnished by the landlord to the tenants for tbeir common use and that of persons having occasion to visit or have to do with their respective holdings, the relations of master and servant do not exist between such person and such other in respect to such elevator nor the relation of carrier…
Also in this document: Dissent.
2Cases cited4 opinions
- Hasbrouck v. Armour & Co.Wisconsin Supreme Court · 1909
- Muench v. HeinemannWisconsin Supreme Court · 1903
- Gager v. Stolle-Barndt Lumber Co.Wisconsin Supreme Court · 1912
- Carter v. Rockford & Interurban Railway Co.Wisconsin Supreme Court · 1911
3Cited by3 opinions
- Flood v. Pabst Brewing Co.Wisconsin Supreme Court · 1914
- Jameson v. Keystone Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Smith v. DeWolfWisconsin Supreme Court · 1914