Georgia Casualty Co. v. American Milling Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: Frank A. Ross, Circuit Judge. This is an action brought by the plaintiff as assignee of one Elmer Emerson for personal injuries suffered by said Emerson as the result of the alleged negligence of the defendant company July 30, 1916. The facts are not materially in dispute.
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Appeal from a judgment of the circuit court for Douglas county: Frank A. Ross, Circuit Judge. This is an action brought by the plaintiff as assignee of one Elmer Emerson for personal injuries suffered by said Emerson as the result of the alleged negligence of the defendant company July 30, 1916. The facts are not materially in dispute. Emerson was a stevedore in the employ of the Duffy Stevedore Company, a copartnership, and was seriously injured during the unloading of the steamer La Salle while that steamer was lying at the dock adjoining the defendant’s elevator in the harbor at Superior.…
1Opinion of the Court
The following opinion was filed April 29, 1919:
Winslow, C. J.
The defendant’s chief contention in the case is that the trial court had no jurisdiction for the reason that the cause of action is maritime in its nature and within the sole jurisdiction of the admiralty courts of the United States. Two lesser contentions are made, however, which will be first briefly considered.
It is said that the rope tender and Emerson were, as matter of law, fellow-servants, and hence that there can be no recovery because the negligence found (i. e. the pulling of the rope by the rope tender at the wrong time)…
2Cases cited17 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- The OsceolaSupreme Court of the United States · 1903
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- The HamiltonSupreme Court of the United States · 1907
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Leszczymski v. Andrew Radel Oyster Co.Supreme Court of Connecticut · 1925
- Koehler v. Thiensville State BankWisconsin Supreme Court · 1944
- Soderstrom v. Curry & Whyte, Inc.Supreme Court of Minnesota · 1919
- La Coco v. Massey Steamship Co.Wisconsin Supreme Court · 1921