Portance v. Lehigh Valley Coal Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Douglas-county: Ohaeles Smith, Judge. In August, 1896, tbe defendant was operating an extensive coal dock at the city of Superior, and tbe plaintiff was employed as a part of the gang unloading coal from a vessel. He bad been employed on coal boats for about ten years,, and at this work for defendant three or four months.
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Appeal from a judgment of tbe superior court of Douglas-county: Ohaeles Smith, Judge. In August, 1896, tbe defendant was operating an extensive coal dock at the city of Superior, and tbe plaintiff was employed as a part of the gang unloading coal from a vessel. He bad been employed on coal boats for about ten years,, and at this work for defendant three or four months. The-dock was equipped with much machinery, all operated by one engine, which was continuously in motion, operating, amongst other things, a shaft from which were moved drumsto operate the buckets and scrapers used in unloading…
1Opinion of the CourtDodge, J.
1. The duty of a master to his servant is definite and clear. It is to provide him reasonably safe and proper tools, implements, and apparatus with which to work, reasonably competent and careful co-employees, and a reasonably safe place to work. These duties being performed, the result of any accident must be borne by the servant. If he would seek to make the master liable, he must prove an omission or failure in some one of these three respects. The question therefore is whether the evidence in this case,— given all the weight to which in any respect it can be entitled,— did establish any…
2Cases cited10 opinions
- Hartvig v. N. P. L. Co.Oregon Supreme Court · 1890
- Cadden v. American Steel Barge Co.Wisconsin Supreme Court · 1894
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Promer v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Dahlke v. Illinois Steel Co.Wisconsin Supreme Court · 1898
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3Cited by21 opinions
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- Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
- Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
- Hamann v. Milwaukee Bridge Co.Wisconsin Supreme Court · 1906
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