Johnson v. Ashland Water Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. This is an action to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant company. At the time of the injury the company was operating water-works at Ashlknd, and was extending the same. The ditching for the mains was done by independent contractors, and the plaintiff was in their employ.
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APPEAL from the Circuit Court for Ashland County. This is an action to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant company. At the time of the injury the company was operating water-works at Ashlknd, and was extending the same. The ditching for the mains was done by independent contractors, and the plaintiff was in their employ. The calking and laying of the pipes in the trenches was done directly by the company, under the supervision of its general superintendent, one Pooley. When he was absent one Gandsey was foreman of…
1Opinion of the CourtLxon, J.
This case was here on a former appeal from an order overruling a demurrer to the complaint. The order was affirmed. 71 Wis. 553. It was there held that, under the facts stated in the complaint, the plaintiff was a servant *53of the defendant company when injured. The facts in that behalf, thus alleged, were substantially proved on the trial. It is therefore res acbjudioata, in the case that the plaintiff was such servant at the time, and is entitled to the same protection as any other servant of the 'company. It was also held on the former appeal that, if the proximate cause of the injury was…
2Cases cited2 opinions
- Johnson v. Ashland Water Co.Wisconsin Supreme Court · 1888
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
3Cited by10 opinions
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- Showalter v. Fairbanks, Morse & Co.Wisconsin Supreme Court · 1894
- Dougherty v. West Superior Iron & Steel Co.Wisconsin Supreme Court · 1894
- Kellar v. LloydCourt of Appeals of Wisconsin · 1993
- Peterson v. Sherry Lumber Co.Wisconsin Supreme Court · 1895
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