McGonigle v. Gryphan

The following opinion was filed February 4, 1930:

Stevens, J.

The appeal presents the single question whether the plaintiff can maintain this action after accepting an award under the workmen’s compensation act.

At an early date doubt was expressed whether an action would lie in favor of one employee against a co-employee for injuries caused by the latter’s 'negligence. 18 Ruling Case Law, p. 540. But Wisconsin, in- common with most other states, has adopted the rule that, if one co-employee negligently injures his fellow employees, “it is no defense, in a suit against him, to assert that they…