Legal Opinion

Charron v. Northwestern Fuel Co.

Wisconsin Supreme Court

Decided April 23, 1912PublishedCited by 12 opinions

Appeal from a judgment of tbe circuit court for Douglas county: E. W. Helms, Judge. Action for personal injuries suffered by plaintiff while at wort upon defendant’s coal dock at Washburn, Wisconsin, May 27, 1907. He was a common laborer engaged in helping a gang of carpenters in making extensive repairs upon the dock at the time of the injury. The dock is used for unloading coal from lake vessels.

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Appeal from a judgment of tbe circuit court for Douglas county: E. W. Helms, Judge. Action for personal injuries suffered by plaintiff while at wort upon defendant’s coal dock at Washburn, Wisconsin, May 27, 1907. He was a common laborer engaged in helping a gang of carpenters in making extensive repairs upon the dock at the time of the injury. The dock is used for unloading coal from lake vessels. Along the face of the dock and near the edge are a considerable number of frame structures, called unloading rigs, and by means of them clam shells or buckets, suspended from a carriage, are run…

1Opinion of the Court

*245The following opinion was filed March 12, 1912:

WiNsnow, O. J.

The material contentions of the defendant are three in number, viz.: (1) that the hoister was a fellow-servant; (2) that the plaintiff was entirely outside of the line of his duty when he was injured; and (3) that he cannot recover in any event, because he has not returned or offered to return the amount received by him in settlement of his claim.

1. The first contention must fail. The evidence clearly shows that the plaintiff was a member of a carpenter’s repair gang which was making extensive repairs and changes in the structure.…

2Cases cited3 opinions

  1. Gay v. OsborneWisconsin Supreme Court · 1899
  2. Sparling v. United States Sugar Co.Wisconsin Supreme Court · 1908
  3. Goff v. Chippewa River & Menomonie Railway Co.Wisconsin Supreme Court · 1893

3Cited by12 opinions

  1. Doyle v. TeasdaleWisconsin Supreme Court · 1953
  2. Hamilton v. Swigart Coal MineWyoming Supreme Court · 1943
  3. Swan v. Great Northern Railway Co.North Dakota Supreme Court · 1918
  4. Brady v. Oregon Lumber Co.Oregon Supreme Court · 1926
  5. Ellington v. . RicksSupreme Court of North Carolina · 1920

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