Moering v. Falk Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. G. Ludwig, Circuit Judge. Action for damages for personal injury. The plaintiff was hired to assist a molder named Lesck in the employ of the defendant. Molds were frequently dried by pouring gasoline therein and setting fire to the same. Occasionally it was necessary to repeat the operation.
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Appeal from a judgment of the circuit court for Milwaukee county: J. G. Ludwig, Circuit Judge. Action for damages for personal injury. The plaintiff was hired to assist a molder named Lesck in the employ of the defendant. Molds were frequently dried by pouring gasoline therein and setting fire to the same. Occasionally it was necessary to repeat the operation. On the day of the accident Lesch poured gasoline into1 the mold and instructed the plaintiff to get him an additional supply. After the gasoline was furnished, the plaintiff was instructed to get a facing and started to do so. In the…
1Opinion of the CourtBaeNes, J.
It is urged that it was competent for the plaintiff to prove the general reputation of Lesch among his fellow-servants for recklessness, and likewise his general reputation as to being careless in the use of "gasoline, for the purpose of showing that if the defendant had exercised ordinary care it would have discovered such incompetency. The court admitted a portion of the evidence offered, excluded other portions, and finally held it all incompetent.
Sufficient evidence to warrant a jury in finding that the servant was incompetent should be offered before evidence of *296reputation for…
2Cases cited12 opinions
- Green v. Western American Co.Washington Supreme Court · 1902
- Western Stone Co. v. WhalenIllinois Supreme Court · 1894
- Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
- Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
- Kamp v. Coxe Bros. & Co.Wisconsin Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Guedon v. RooneyOregon Supreme Court · 1938
- Serdan v. Falk Co.Wisconsin Supreme Court · 1913
- Moering v. Falk Co.Wisconsin Supreme Court · 1913
- Szeliwicki v. Connor Lumber & Land Co.Wisconsin Supreme Court · 1914