Haley v. Western Transit Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwauhee County.. ' This action was brought to recover damages for personal injuries alleged to have been received by the plaintiff through the negligence of the defendant.
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APPEAL from the Circuit Court for Milwauhee County.. ' This action was brought to recover damages for personal injuries alleged to have been received by the plaintiff through the negligence of the defendant. The complaint alleges that the defendant company is a corporation and a common carrier by water on the Great Lakes; that it operates a number of steamboats thereon, and occupies a dock and warehouse in the city of Milwaukee for the landing and storage of freight; that in September, 1888, one of its steamboats, known as the “Hudson,” having on board freight to be left at Milwaukee, landed…
1Opinion of the CourtLyoN, J.
The complaint charges negligence in the particulars therein specified directly upon the defendant company. There is no legal presumption that the acts or omissions upon which the charge is predicated were the acts or omissions of an employee of defendant, but rather of an agent thereof, by whom alone it can perform its duties and functions. Hence the complaint (being otherwise sufficient) states a cause of action, and a general demurrer thereto would not be sustained. It was so held on general demurrer to a complaint similarly framed in Hulehan v. G. B., W. & St. P. R. Co. 58 Wis. 319. That…
2Cases cited3 opinions
- Fisher v. FisherWisconsin Supreme Court · 1856
- Smith v. Commonwealth Insurance Co.Wisconsin Supreme Court · 1880
- Hulehan v. Green Bay, Winona & St. Paul Railway Co.Wisconsin Supreme Court · 1883
3Cited by11 opinions
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
- Wilkey v. StateSupreme Court of Alabama · 1939
- Sullivan v. WilliamsonSupreme Court of Oklahoma · 1908
- Temple v. Cotton Transfer Co.Nebraska Supreme Court · 1934
- Lane v. Portland Ry., Light & Power Co.Oregon Supreme Court · 1911
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