Manske v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the superior'court of Milwaukee county: J. C. Ludwig, Judge. This is an appeal by the city from an order overruling its demurrer to the complaint alleging, in effect, that June 26, 1903, the plaintiff was an employee of the Milwaukee-West'ern Fuel Company, a corporation engaged in buying and selling all kinds of coal, and having its docks and principal place ■of business .in Milwaukee; that as such employee it was the plaintiff’s duty to help load and…
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Appeal from an order of the superior'court of Milwaukee county: J. C. Ludwig, Judge. This is an appeal by the city from an order overruling its demurrer to the complaint alleging, in effect, that June 26, 1903, the plaintiff was an employee of the Milwaukee-West'ern Fuel Company, a corporation engaged in buying and selling all kinds of coal, and having its docks and principal place ■of business .in Milwaukee; that as such employee it was the plaintiff’s duty to help load and unload and weigh coal upon ■¿the docks of the company; that on the same day, and for some time prior thereto, the…
1Opinion of the Court
Oassoday, O. J.
We are constrained to agree with counsel -for the plaintiff that at the time of the injury the defendant Brown was acting within the scope of his employment. The important question presented is whether the city is liable for 'his alleged careless and negligent conduct while so acting. 'The common council of the city was empowered to establish •a fire department, and “to purchase fire engines and other •fire apparatus, and to organize a fire department, composed ■of a chief engineer, one or more assistant engineers, and such ■other officers and men as shall be required and…
2Cases cited8 opinions
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Jewett v. City of New HavenSupreme Court of Connecticut · 1871
- Wilcox v. City of ChicagoIllinois Supreme Court · 1883
- Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
- Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Apfelbacher v. StateWisconsin Supreme Court · 1915
- Bernstein v. City of MilwaukeeWisconsin Supreme Court · 1914
- Bruhnke v. City of La CrosseWisconsin Supreme Court · 1914
- State ex rel. Elliott v. KellyWisconsin Supreme Court · 1913
- O'Donnell v. Borough of GrotonSupreme Court of Connecticut · 1929
10 more not listed; retrieve them via the Exa API.