Hencke v. Ellis
Wisconsin Supreme Court
Appeal from an order of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Appeal from an order of the superior court of Milwaukee county overruling a demurrer to a complaint. Tbe action was to recover compensation for a personal injury. Tbe complaint was to the following effect: Plaintiff, a carpenter by trade, was employed by defendants — who were contractors for work of repairing buildings — to do work of that kind upon a dwelling bouse.
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Appeal from an order of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Appeal from an order of the superior court of Milwaukee county overruling a demurrer to a complaint. Tbe action was to recover compensation for a personal injury. Tbe complaint was to the following effect: Plaintiff, a carpenter by trade, was employed by defendants — who were contractors for work of repairing buildings — to do work of that kind upon a dwelling bouse. Prior thereto defendants carefully examined such dwelling house, and knew or ought to have known the age and condition thereof as regards…
1Opinion of the CourtMaeshall, J.
The doctrine that it is the duty of the master to furnish his servant with a reasonably safe working place, and reasonably safe tools and appliances with which to do his work, is discussed at considerable length by respondent’s counsel in support of the complaint, but it does not seem that such doctrine applies to the facts alleged. It is elementary that where the dangers of a servant’s working place are as open to his observation and knowledge as to his employer’s,— having regard to the duty of each to exercise ordinary care, and the quantum of care that may be reasonably expected of each,…
2Cases cited7 opinions
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Showalter v. Fairbanks, Morse & Co.Wisconsin Supreme Court · 1894
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
- Larsson v. McClureWisconsin Supreme Court · 1897
- Carey v. T. J. Sellers & Co.Supreme Court of Louisiana · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Scory v. LaFaveWisconsin Supreme Court · 1934
- Haywood v. Galveston, Harrisburg & San Antonio Railway Co.Court of Appeals of Texas · 1905
- Koepcke v. Wisconsin Bridge & Iron Co.Wisconsin Supreme Court · 1902
- Dodge v. KaufmanWisconsin Supreme Court · 1913
- Fort Worth Iron Works v. StokesCourt of Appeals of Texas · 1903
5 more not listed; retrieve them via the Exa API.