Knoll v. Shaler
Wisconsin Supreme Court
Appeal from an order of the circuit court foi* Dodge county: C. M. Davison, Circuit Judge. Personal injury. From the allegations of the complaint’it appears that the defendants are partners; that the plaintiff’s intestate, Emma Michaels, was an employee; that both employer and employee were subject to the provisions of the workmen’s compensation act.
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Appeal from an order of the circuit court foi* Dodge county: C. M. Davison, Circuit Judge. Personal injury. From the allegations of the complaint’it appears that the defendants are partners; that the plaintiff’s intestate, Emma Michaels, was an employee; that both employer and employee were subject to the provisions of the workmen’s compensation act. The complaint further alleges that plaintiff’s intestate was required to work in a room filled with combustible and inflammable material in which there were operated motors which were likely to and did discharge sparks; that the discharge of such…
1Opinion of the CourtRosenberry, J.
The sole contention of the plaintiff is that the workmen’s compensation act does not apply for the reason that the plaintiff’s intestate was employed by the defendants and required to work in a place which was not reasonably safe, in violation of sec. 2394 — 48, Stats., and that the neglect of her employers to furnish a reasonably safe* place was the cause of the injuries from which the plaintiff’s intestate died. In other words, that a violation of a statutory duty by an employer resulting in injury to the employee is not within the provisions of the workmen’s compensation act. By that act…
2Cases cited1 opinion
- Brenner v. HerubenWisconsin Supreme Court · 1920
3Cited by5 opinions
- Chicago & North Western Railway Co. v. La FolletteWisconsin Supreme Court · 1965
- Guse v. A. O. Smith Corp.Wisconsin Supreme Court · 1952
- Beck v. HamannWisconsin Supreme Court · 1953
- Sheban v. A. M. Castle & Co.Wisconsin Supreme Court · 1924
- Christ v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1929