Stutz v. Armour
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. This is an action for the recovery of damages for personal injuries received by the plaintiff while in the employ of the defendants from a fall from a scaffold on the side of defendants’ ice-house, and caused by the negligence and improper direction of the defendants’ foreman, Meinski, under whose direction and with whom the plaintiff was working.
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APPEAL from the Circuit Court for Waukesha County. This is an action for the recovery of damages for personal injuries received by the plaintiff while in the employ of the defendants from a fall from a scaffold on the side of defendants’ ice-house, and caused by the negligence and improper direction of the defendants’ foreman, Meinski, under whose direction and with whom the plaintiff was working. The evidence was to the effect that the plaintiff and said foreman were at the time in question engaged in fixing a scaffolding about twenty-two feet high on the south side of defendants’ ice-house,…
1Opinion of the CourtPiNNey, J.
At the time the plaintiff received the injury of which he complains, and which he imputes to the negligence and improper direction of the foreman, they were both engaged in adjusting the three planks resting on the brackets of the scaffolding, and the foreman was doing, in connection with the plaintiff, the work of a common laborer. The foreman was not, within the rule established in this state, a vice-principal, but was a mere fellow-servant with the plaintiff of a common master in doing the work in question, and the plaintiff in thus working with him assumed the hazard of the alleged…
2Cases cited2 opinions
- Howland v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Dwyer v. American Express Co.Wisconsin Supreme Court · 1892
3Cited by6 opinions
- Klochinski v. Shores Lumber Co.Wisconsin Supreme Court · 1896
- Hartford v. Northern Pacific RailroadWisconsin Supreme Court · 1895
- Wiskie v. Montello Granite Co.Wisconsin Supreme Court · 1901
- McKillop v. Superior Shipbuilding Co.Wisconsin Supreme Court · 1910
- Liermann v. Milwaukee Dry Dock Co.Wisconsin Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.