Behm v. Armour
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendants.
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APPEAL from the Circuit Court for Milwaulcee County. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendants. The complaint avers “ that on the 12th day of April, 1882, he [the plaintiff] was in the service of the defendants, as a laborer, on and about the steam-barge Ballantyne, which then was owned by the defendants, and lying near a dock in the city of Milwaukee and state of .Wisconsin; that as such laborer he was working under the-direction and command of a superior officer and agent of the defendants, to wit, the…
1Opinion of the CourtLyoN, J.
The rule is settled in this state that if a servant, knowing the hazards of his employment as the business is. conducted, is injured wkile engaged therein, he cannot maintain an action against his employer for the injury merely because the business might have been carried on in a safer mode. But if there are increased perils in the business by reason of the use of defective appliances or otherwise, known *3to the master or for which he is responsible, and unknown to the servant, if the latter is injured thereby, and is free from negligence, the master is liable. Strahlendorf v. Rosenthal, 30…
2Cases cited2 opinions
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Strahlendorf v. RosenthalWisconsin Supreme Court · 1872
3Cited by11 opinions
- Richards v. Riverside Iron WorksWest Virginia Supreme Court · 1904
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
- Bradbury v. GoodwinIndiana Supreme Court · 1886
- Chambers v. American Tin Plate Co.Court of Appeals for the Sixth Circuit · 1904
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