Brienen v. Wisconsin Public Service Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quihxah, Circuit Judge. Action to recover damages for personal injuries. Plaintiff, the employee, and defendant, the employer, were both under the Workmen’s Compensation Act. Defendant oper-. ated. an electric power plant at High Ealls and plaintiff was engaged in tending the generators. At the time of his injury he began work at 12 o’clock noon and worked till 12 o’clock midnight.
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Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quihxah, Circuit Judge. Action to recover damages for personal injuries. Plaintiff, the employee, and defendant, the employer, were both under the Workmen’s Compensation Act. Defendant oper-. ated. an electric power plant at High Ealls and plaintiff was engaged in tending the generators. At the time of his injury he began work at 12 o’clock noon and worked till 12 o’clock midnight. About 10 o’clock in the forenoon of August 7,1915, and while off duty from his regular shift, he went to a portion of defendant’s premises…
1Opinion of the CourtYin-je, J.
It is clear that if plaintiff at the time of his injury was not performing any service growing out of or incidental to his employment by the defendant, he could have no fellow-servant,- for he was employed by no one else. To *26constitute two employees fellow-servants they must bave a common employer. Hare was performing service growing out of and incidental to bis employment by tbe defendant at the time of plaintiff’s injury. To make plaintiff bis fellow-servant be must bave been engaged in like service. If be was, be came under tbe provisions of tbe Workmen’s Compensation Act and tbe question…
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