Monahan v. Northwestern Contracting Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The complaint alleges, in effect, that the defendant is a corporation, duly organized under the laws of Illinois, and doing business as such; that IN ovembér 17,1S91, the plaintiff’s intestate, Thomas Monahan, was in the employ of the defendant, and working under its direction in, upon, and about a building then being erected bj^ the defendant in Beloit; that a portion of such work being done by said Thomas consisted of hoisting…
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APPEAL from the Circuit Court for Rock County. The complaint alleges, in effect, that the defendant is a corporation, duly organized under the laws of Illinois, and doing business as such; that IN ovembér 17,1S91, the plaintiff’s intestate, Thomas Monahan, was in the employ of the defendant, and working under its direction in, upon, and about a building then being erected bj^ the defendant in Beloit; that a portion of such work being done by said Thomas consisted of hoisting and elevating, or aiding to-hoist and elevate, certain timbers from or near the ground beneath said building, to or…
1Opinion of the CourtCassoday, J.
As indicated in the foregoing statement, the complaint is not as definite and certain as it might have been. Certainly, it .should not be regarded as a model. Had the trial court ordered it to be made more definite and certain, we probably would not have disturbed such order. Nevertheless, as will be observed from said statement, it does allege the manner in which the deceased was exposed to the danger, the place where he was directed to work, the defect of certain appliances, and the absence of others. In view of two apparent considerations we must hold that there was no abuse of discretion…
2Cases cited2 opinions
- Burnham v. City of MilwaukeeWisconsin Supreme Court · 1887
- Schneider v. Wisconsin Central Co.Wisconsin Supreme Court · 1892
3Cited by3 opinions
- Haskell & Barker Car Co. v. TrzopIndiana Supreme Court · 1920
- Doolittle v. LaycockWisconsin Supreme Court · 1899
- Moore v. Catawba Power Co.Supreme Court of South Carolina · 1904