Thompson v. Hermann
Wisconsin Supreme Court
APPEAL from tlie County Court of Miliuaukee County. The averments of the complaint, as amended, are thus stated by Mr. Justice ORton: “ The complaint charges, in effect, that the defendants are the owners, and one of them master, and the plaintiff a seaman, of the vessel “ Surprise,” sailing on Lake Erie, between the ports of Ashtabula and Erie; that while a heavy sea was running, and the vessel was pitching and rolling heavily, the jaw rope of the main gaff parted, and the…
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APPEAL from tlie County Court of Miliuaukee County. The averments of the complaint, as amended, are thus stated by Mr. Justice ORton: “ The complaint charges, in effect, that the defendants are the owners, and one of them master, and the plaintiff a seaman, of the vessel “ Surprise,” sailing on Lake Erie, between the ports of Ashtabula and Erie; that while a heavy sea was running, and the vessel was pitching and rolling heavily, the jaw rope of the main gaff parted, and the gaff was unshipped, launched forward in front of the main mast, and swung over into the main rigging, and that the…
1Opinion of the CourtOetokt, J.
We think the amended complaint in this action states a cause of action, and that the demurrer should have been overruled.
It is objected by the learned counsel of respondent, that the facts stated show that the service necessarily required by the employment was dangerous, and that the plaintiff, by entering upon it, took the risks and hazards upon himself, and that he was not bound to obey orders requiring such service, and might have declined the service, and abandoned the employment, and was negligent in not so doing.
We think that the peculiar character of the employment, and the relations…
2Cases cited8 opinions
- Propeller Niagara v. CordesSupreme Court of the United States · 1859
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Wedgwood v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Brown v. The D. S. CageU.S. Circuit Court for the District of Eastern Texas · 1872
- Dusar v. MurgatroydU.S. Circuit Court for the District of Pennsylvania · 1803
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3Cited by11 opinions
- The City of AlexandriaU.S. Circuit Court for the District of Southern New York · 1883
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- Heine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Maryland Dredging & Contracting Co. v. Maryland ex rel. BoddieCourt of Appeals for the Fourth Circuit · 1919
- Mathews v. CaseWisconsin Supreme Court · 1884
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