Legal Opinion

Smale v. Wrought Washer Manufacturing Co.

Wisconsin Supreme Court

Decided March 23, 1915PublishedCited by 24 opinions

Appeal from a judgment of the circuit court for Milwaukee county: E. 0. Esohweilee, Circuit Judge. ■ Action for personal injuries. The plaintiff in September, 1913, was an employee of the Andrae Electrical Company, and as such employee was sent to the shop of the defendant corporation on the morning of the 8th of said month to install some new telephones and telephone wires in the shop to take the place of certain apparatus of the same nature which had recently been removed.

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Appeal from a judgment of the circuit court for Milwaukee county: E. 0. Esohweilee, Circuit Judge. ■ Action for personal injuries. The plaintiff in September, 1913, was an employee of the Andrae Electrical Company, and as such employee was sent to the shop of the defendant corporation on the morning of the 8th of said month to install some new telephones and telephone wires in the shop to take the place of certain apparatus of the same nature which had recently been removed. The shop is a long building extending from east to west and consists of one large room open to the roof, on the floor…

1Opinion of the Court

Wifslow, O. J.

It appeared that both the Andrae Company and the defendant had prior to this accident elected to become subject to the provisions of the Workmen’s Compensation Act (secs. 2394 — 1 to 2394 — 31, Stats.), and the defendant’s first claim is that on account of this fact the defendant is not liable to an action at law. The claim cannot be sustained. The purpose and effect of the Workmen’s Compensation Act is to control and regulate the relations between an employer and his employees. As between them the remedies there provided are exclusive when both are under the act at the time of…

2Cited by24 opinions

  1. Gussie Fox v. Dallas Hotel Co.Texas Supreme Court · 1922
  2. O'Brien v. Chicago City Railway Co.Illinois Supreme Court · 1922
  3. Vennen v. New Dells Lumber Co.Wisconsin Supreme Court · 1915
  4. Moeser v. ShunkSupreme Court of Kansas · 1924
  5. Bristol Telephone Co. v. WeaverTennessee Supreme Court · 1921

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