Herold v. Pfister
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: R. N. Austin, Judge. This was an action brought by the plaintiff, a minor of the age of about sixteen years, to recover damages against the defendant for an injury sustained while in his employ, by reason of his alleged negligence and breach of duty, in that the floor of the kitchen in which she was employed as second vegetable cook, in the Hotel Pfister, was unsafe and dangerous, as the steam pipes running…
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Appeal from an order of the superior court of Milwaukee county: R. N. Austin, Judge. This was an action brought by the plaintiff, a minor of the age of about sixteen years, to recover damages against the defendant for an injury sustained while in his employ, by reason of his alleged negligence and breach of duty, in that the floor of the kitchen in which she was employed as second vegetable cook, in the Hotel Pfister, was unsafe and dangerous, as the steam pipes running along and over the floor were covered with pieces of boards in the form of an inverted V and extending about five inches…
1Opinion of the CourtPinney, J.
"We think it is entirely plain that the court properly directed a verdict for the defendant. The plaintiff appears to have been a person of reasonable intelligence and • judgment for one of her years, and she had had experience in the kind of work in which she was employed, and had worked in it, upon and over the' floor which it was alleged was of improper and unsafe construction, for five or six months. Beyond question, she was entirely familiar with the situation and the alleged element of danger to hér safety while thus engaged in her service. She had arrived at years of discretion and was…
2Cases cited3 opinions
- Chopin v. Badger Paper Co.Wisconsin Supreme Court · 1892
- Luebke v. Berlin Machine WorksWisconsin Supreme Court · 1894
- Casey v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1895
3Cited by9 opinions
- English v. Roberts, Johnson & Rand Shoe Co.Missouri Court of Appeals · 1909
- Waterman v. Skokomish Timber Co.Washington Supreme Court · 1911
- Fitzpatrick v. FowlerCourt of Appeals for the D.C. Circuit · 1948
- Liptak v. KarsnerSupreme Court of Minnesota · 1940
- Larson v. Knapp, Stout & Co.Wisconsin Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.