Mensforth v. Chicago Brass Co.
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Kenosha county: J. 0. Ludwig, Judge. This action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff in consequence of the defendant’s negligence. The plaintiff was engaged with several others in erecting a factory building for the defendant, and while so engaged one of the walls fell and seriously injured the plaintiff.
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Appeal from, a judgment of the circuit court for Kenosha county: J. 0. Ludwig, Judge. This action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff in consequence of the defendant’s negligence. The plaintiff was engaged with several others in erecting a factory building for the defendant, and while so engaged one of the walls fell and seriously injured the plaintiff. It is alleged that the wall fell through the defendant’s negligence and that the defendant is liable to the plaintiff for the damages sustained. Defendant denies negligence, and…
1Opinion of the Court
*549Tbe following opinion was filed April 26, 1910:
EeewiN, J.
Tbe questions involved are wbetber tbe writing signed by tbe plaintiff was, when signed, a valid discharge of bis canse of action set up in tbe complaint, or wbetber, if not such when signed, it became so by tbe subsequent acts and conduct of plaintiff. Tbe court below held that it was a question for tbe jury wbetber tbe release when executed discharged and satisfied tbe plaintiff’s claim, but that tbe evidence established as matter of law that tbe plaintiff, after tbe signing of tbe release, affirmed it, and thereby made it a valid…
2Cases cited18 opinions
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Smith v. Occidental & Oriental Steamship Co.California Supreme Court · 1893
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Western Maryland Dairy Corp. v. BrownCourt of Appeals of Maryland · 1935
- Union Pacific Railroad v. ZimmerCalifornia Court of Appeal · 1948
- Owens v. Norwood-White Coal Co.Supreme Court of Iowa · 1919
- Robinson v. McWayneHawaii Supreme Court · 1940
- Putnam Lumber Co. v. BerrySupreme Court of Florida · 1941
3 more not listed; retrieve them via the Exa API.