Johnson v. Ætna Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscae M. Eeitz, Circuit Judge. On June 28, 1910, plaintiff, while in the employ of tbe Simmons Manufacturing Company, suffered an injury to bis left eye. Thereafter he commenced an action against said company to recover damages for the injury sustained.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscae M. Eeitz, Circuit Judge. On June 28, 1910, plaintiff, while in the employ of tbe Simmons Manufacturing Company, suffered an injury to bis left eye. Thereafter he commenced an action against said company to recover damages for the injury sustained. The defendant herein appeared in that action (which is still pending) for the Simmons Manufacturing Company, in accordance with a contract of indemnity- with such company. As soon as plaintiff recovered from his injury he resumed \his employment and continued it until March,…
1Opinion of the Court
The following opinion was filed May 1, 1914:
Baures, J.
This appeal presents two questions: (1) On the facts found by the jury, was the plaintiff entitled to judgment? (2) Has the finding of causal connection between the acts complained of by the plaintiff and his discharge sufficient support in the evidence ?
1. The first question must be resolved in favor of the plaintiff. We agree with defendant’s counsel that if their client was justified in doing what it did in the way of procuring Johnson’s discharge, the fact that it acted from malicious motives would not give a right of action. The…
2Cases cited44 opinions
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Berry v. DonovanMassachusetts Supreme Judicial Court · 1905
- Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
- Brennan v. United Hatters of North America, Local No. 17Supreme Court of New Jersey · 1906
- London Guarantee & Accident Co. v. HornIllinois Supreme Court · 1903
39 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Smith v. Ford Motor Co.Supreme Court of North Carolina · 1976
- Charolais Breeding Ranches, Ltd. v. FPC Securities Corp.Court of Appeals of Wisconsin · 1979
- Fawcett v. G. C. Murphy & Co.Ohio Supreme Court · 1976
- United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
- Sorenson v. Chevrolet Motor Co.Supreme Court of Minnesota · 1927
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