Hupfer v. National Distilling Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This is an action to recover damages for negligently causing the death of the plaintiffs intestate, Simon Hupfer, September 13, 1899. Aside from the formal parts, the complaint alleges, in effect, that on the day named Simon came to the defendant’s distillery, as he had for some time been accustomed to do, for the purpose of purchasing and receiving slops for his cowS) which slops were…
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This is an action to recover damages for negligently causing the death of the plaintiffs intestate, Simon Hupfer, September 13, 1899. Aside from the formal parts, the complaint alleges, in effect, that on the day named Simon came to the defendant’s distillery, as he had for some time been accustomed to do, for the purpose of purchasing and receiving slops for his cowS) which slops were contained in a large circular tank about sixteen feet in diameter and raised about six feet above the ground, and drawn…
1Opinion of the CourtCassoday, C. J.
1. It is contended that the deceased was,, at the time and place of the injury, at most a mere licensee, to whom the defendant owed no duty. It is true that the defendant had in its employ at the time one John Dardell, *283whose special duty, among other things, was to stir up the slop in the vat and deliver the same to the defendant’s customers. By the eighth and ninth findings the jury found that prior to the accident the deceased and the defendant’s other customers knew that such were the duties of John Dar-dell. But by the sixth, seventh, and tenth findings, the jury also found that at the…
2Cases cited20 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Emery v. StateWisconsin Supreme Court · 1899
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Campbell v. SutliffWisconsin Supreme Court · 1927
- Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
- Greenfield v. MillerWisconsin Supreme Court · 1921
- Copeland v. LarsonWisconsin Supreme Court · 1970
- Muench v. HeinemannWisconsin Supreme Court · 1903
18 more not listed; retrieve them via the Exa API.