La Coco v. Massey Steamship Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Walter Sci-iinz, Circuit Judge. Action-for. damages for personal injuries. Trial in the civil court of Milwaukee county resulted in judgment for plaintiff upon a special verdict. Upon appeal to the circuit court judgment was reversed and the complaint was ordered dismissed. Plaintiff appeals. Appellant was a laborer who had for many years worked in and about ships and docks.
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Appeal from a judgment of the circuit court for Milwaukee county: Walter Sci-iinz, Circuit Judge. Action-for. damages for personal injuries. Trial in the civil court of Milwaukee county resulted in judgment for plaintiff upon a special verdict. Upon appeal to the circuit court judgment was reversed and the complaint was ordered dismissed. Plaintiff appeals. Appellant was a laborer who had for many years worked in and about ships and docks. Respondent was the owner of the ship “Tioga,” upon which the injury occurred. The “Tioga” was a steel or iron ship, formerly a package freighter, but…
1Opinion of the CourtJones, J.
This action was brought and was tried by both parties on the theory that it was a common-law action subject to the jurisdiction of the state court, and no remedy against the vessel was claimed. Although the suit might have been brought in the admiralty court the state court administering common-law remedies had concurrent jurisdiction. Georgia C. Co. v. American M. Co. 169 Wis. 456, 172 N. W. 148.
The jury found that the iron coaming on the second deck rendered the hatchway an unsafe place for persons to work, that respondent was negligent in permitting this unsafe condition, that this…
2Cases cited1 opinion
- Georgia Casualty Co. v. American Milling Co.Wisconsin Supreme Court · 1919
3Cited by1 opinion
- Carlson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1925