Goff v. Chippewa River & Menomonie Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ohippewa County. Action by an employee for personal injuries, brought against the defendant, a railway company organized for the purpose of transporting saw logs. The railway in question runs over a pond used for folding logs, which are drawn up out of the pond upon a loading dock by means of an endless chain and slide, and are rolled from thence upon the oars.
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APPEAL from the Circuit Court for Ohippewa County. Action by an employee for personal injuries, brought against the defendant, a railway company organized for the purpose of transporting saw logs. The railway in question runs over a pond used for folding logs, which are drawn up out of the pond upon a loading dock by means of an endless chain and slide, and are rolled from thence upon the oars. At the place in question there is a main track and a side track, all built on piling. Piles were driven at intervals on the east side of the main track and west of the side track, where said tracks lie…
1Opinion of the CourtPnwEY, J.
It is the duty of the master or employer to furnish his servant or employee a reasonable safe place in which to perform his work, and suitable and reasonably safe instruments with-which to perform it. But it would seem that it is not sufficient to'charge the employer with neglect in this respect that he had hired one to work for him, and that he, without the knowledge, authority, privity, or consent of his employer, and of his own volition, entered upon the work of the employer in, and occupied in its performance, an unsafe and dangerous place, even though the same service had been performed…
2Cases cited4 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Cahill v. LaytonWisconsin Supreme Court · 1883
- Griswold v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- Jenkins v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876
3Cited by8 opinions
- Peake v. BuellWisconsin Supreme Court · 1895
- Charron v. Northwestern Fuel Co.Wisconsin Supreme Court · 1912
- Wanzer v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1900
- Sikora v. Fellowcraft ClubMichigan Supreme Court · 1915
- Belton Oil Company v. DuncanCourt of Appeals of Texas · 1910
3 more not listed; retrieve them via the Exa API.