Murphy v. Interlake Pulp & Paper Co.
Wisconsin Supreme Court
Appeal from an order of the municipal court of Outagamie county: Thokas H. RyaN, Judge. Action for personal injury. January 24, 1912, plaintiff, while in the discharge of his duty as member of a crane crew, consisting of more than four persons, was injured by slipping upon a flat car, upon which the defendant, who had not elected to come in under the Workmen’s Compensation Act of 1911, operated a steam crane.
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Appeal from an order of the municipal court of Outagamie county: Thokas H. RyaN, Judge. Action for personal injury. January 24, 1912, plaintiff, while in the discharge of his duty as member of a crane crew, consisting of more than four persons, was injured by slipping upon a flat car, upon which the defendant, who had not elected to come in under the Workmen’s Compensation Act of 1911, operated a steam crane. The. general ground of liability charged in the complaint was that defendant failed to provide a safe place of employment as required by ch. 485, Laws of 1911, and more specifically by…
1Opinion of the CourtVinje, J.
The first ground of demurrer is that it appears upon the face of the complaint that the defendant has been guilty of no actionable negligence or breach of any legal duty it owed to the plaintiff. Among other allegations of negligence the complaint contained the following:
“That defendant negligently permitted the floor of said flat car upon which said crane was located to become and remain in air unsafe, defective, and dangerous condition of repair in this, that at one end thereof and at a point in the floor of said crane car where plaintiff and his fellow workmen were obliged to pass over,…
2Cases cited2 opinions
- Sparrow v. Menasha Paper Co.Wisconsin Supreme Court · 1913
- Tallman v. Chippewa Sugar Co.Wisconsin Supreme Court · 1913
3Cited by4 opinions
- Simpson v. CornishWisconsin Supreme Court · 1928
- Murphy v. Interlake Pulp & Paper Co.Wisconsin Supreme Court · 1916
- Kelly v. Kneeland-McLurg-Lumber Co.Wisconsin Supreme Court · 1915
- Baker v. Janesville Traction Co.Wisconsin Supreme Court · 1931