Smith v. Milwaukee Builders' & Traders' Exchange
Wisconsin Supreme Court
Appeals from a judgment of the superior court of Milwaukee county; B. U. Austin, Judge. This is an action brought to recover damages for injuries to the person of the plaintiff, caused by the falling of a brick from the top of the fourth story of a partially completed building in the city of Milwaukee, owned by the defendant the Hil/uxmkee Builders’ <& Traders’ Exchange.
Read the full summary
Appeals from a judgment of the superior court of Milwaukee county; B. U. Austin, Judge. This is an action brought to recover damages for injuries to the person of the plaintiff, caused by the falling of a brick from the top of the fourth story of a partially completed building in the city of Milwaukee, owned by the defendant the Hil/uxmkee Builders’ <& Traders’ Exchange. The accident happened on the morning of the 18th of April, 1892. At the time of the accident the defendant exchange was constructing a five-story brick and iron building, and the defendant Neff had contracted with the…
1Opinion of the CourtWiksnow, J.
The claim made by the defendant the Builders' Exchmige, the owner of the building, that Heff and the Bayleys were independent contractors, seems to us well founded. It is true that in their contracts it is provided that the work is to be performed under the direction and to the satisfaction of the architects, acting as agents of the owner, but it is entirely certain from the whole contract that this is simply a reservation of the right of inspection. It is not a reservation of power to control the manner of the work, to change materials to be used, or prescribe ways and methods in which the…
2Cases cited9 opinions
- Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Bott v. PrattSupreme Court of Minnesota · 1885
- Hackett v. Western Union Telegraph Co.Wisconsin Supreme Court · 1891
- Draper v. BakerWisconsin Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Pioneer Fireproof Construction Co. v. HansenIllinois Supreme Court · 1898
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- Potter v. City of KenoshaWisconsin Supreme Court · 1955
- Bailey v. City of CentervilleSupreme Court of Iowa · 1899
- Chicago, M. & St. P. Ry. Co. v. LindemanCourt of Appeals for the Eighth Circuit · 1906
50 more not listed; retrieve them via the Exa API.