Frankfort General Insurance v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. Turner, Circuit Judge. Action for personal injury, begun in the civil court of Milwaukee county. On November 21, 1914, one Mike Gada-necz, while in the employ of the Milwaukee Western Fuel Company, was injured while riding in an empty coal wagon driven out of an alley on to Sycamore street in the defendant city.
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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. Turner, Circuit Judge. Action for personal injury, begun in the civil court of Milwaukee county. On November 21, 1914, one Mike Gada-necz, while in the employ of the Milwaukee Western Fuel Company, was injured while riding in an empty coal wagon driven out of an alley on to Sycamore street in the defendant city. The defendant had laid a concrete sidewalk upon the north side of the street and had left a drop of about one foot on the south side of the sidewalk. As the wheels of the wagon dropped down Gadanecz was…
1Opinion of the CourtViNJE, J.
The defendant claims plaintiff has no cause of action because (1) no notice of injury sufficient to comply with the provisions of sec. 1339, Stats. 1915, was served on the city; (2) Mike Gadanecz at the time of his accident was not performing services arising out of or incidental to his employment and was not upon the premises of his employer; (3) he never made a lawful claim against the Milwaukee Western Fuel Company for compensation; (4) any claim which may have accrued to the Milwaukee Western Fuel Company was not assignable to a third party; and (5) the city breached no duty owed to Mike…
2Cases cited7 opinions
- Houfe v. Town of FultonWisconsin Supreme Court · 1874
- McGarvey v. Independent Oil & Grease Co.Wisconsin Supreme Court · 1914
- Benson v. City of MadisonWisconsin Supreme Court · 1898
- Lehmann v. FarwellWisconsin Supreme Court · 1897
- Bishop v. City of CentraliaWisconsin Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bates & Rogers Construction Co. v. AllenCourt of Appeals of Kentucky · 1919
- Johanson Et Ux. v. Cudahy Packing Co.Utah Supreme Court · 1941
- Jones v. City of ColumbusCourt of Appeals for the Fifth Circuit · 1943
- Shapiro v. Yellow Cab Co.Wisconsin Supreme Court · 1922