Pawlak v. Hayes
Wisconsin Supreme Court
Appeal from an order of the circuit court for Chippewa county; Jakes Wioichak, Circuit Judge. Action to recover damages for malpractice.
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Appeal from an order of the circuit court for Chippewa county; Jakes Wioichak, Circuit Judge. Action to recover damages for malpractice. Plaintiff alleges that on the 5th day of March, 1914, while in the employ of the John S. Owen Lumber Company, a log rolled onto him and he sustained a fracture of the leg; that he employed the defendant to treat him for the injury, and that by reason of the negligence and lack of skill of the defendant in the treatment given him within a couple of weeks after the injury and subsequent thereto the leg was improperly set and treated, to the damage of…
1Opinion of the CourtViNJE, J.
Tbe circuit court sustained tbe demurrer to the complaint on tbe ground that when plaintiff filed a claim against bis employer bis cause of action for tbe injury received and tbe proximate results thereof was assigned to bis employer by virtue of sub. 1 of sec. 2394 — 25, Stats., which reads as follows:
“Tbe making of a lawful claim against an employer for compensation under sections 2394 — 3 to 2394 — 31, inclusive, for the injury or death of bis employee shall operate as an •assignment of any cause of action in tort which tbe employee or bis personal representative may have against any other…
2Cases cited2 opinions
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
- McGarvey v. Independent Oil & Grease Co.Wisconsin Supreme Court · 1914
3Cited by20 opinions
- Schumacher v. LeslieSupreme Court of Missouri · 1950
- Schumacher v. LeslieSupreme Court of Missouri · 1950
- Fauver v. BellSupreme Court of Virginia · 1951
- Butzow v. Wausau Memorial HospitalWisconsin Supreme Court · 1971
- Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
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