Bruce v. Northern Boiler & Structural Iron Works
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Outa-gamie county: JohN GoodlaND, Circuit Judge. Plaintiff seeks to recover damages for personal injuries alleged to bave been received by bim while in defendant’s employ by reason of defendant’s negligence in furnishing defective appliances and in failing to inspect the same. The •defendant is engaged in the business of manufacturing boilers and stacks and putting them in place.
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Appeal from a judgment of tbe circuit court for Outa-gamie county: JohN GoodlaND, Circuit Judge. Plaintiff seeks to recover damages for personal injuries alleged to bave been received by bim while in defendant’s employ by reason of defendant’s negligence in furnishing defective appliances and in failing to inspect the same. The •defendant is engaged in the business of manufacturing boilers and stacks and putting them in place. At the time of the accident, April 15, 1910, the plaintiff was forty-three years •of age. He had been employed in the work at which he was •engaged at the time of…
1Opinion of the CourtSiebeceer, J.
Tbe judgment of tbe lower court was awarded on tbe grounds tbat, under tbe facts and circumstances shown, tbe action is controlled by tbe common-law rules governing tbe relation of master and servant, and tbat tbe case is ruled by tbe principles applied in tbe case of Van den Heuvel v. Nat. F. Co. 84 Wis. 636, 54 N. W. 1016. Tbe court held tbat tbe master bad furnished suitable and safe appliances and material for tbe construction of tbe hoist, and tbat tbe plaintiff, as foreman of tbe crew to perform tbe work, bad failed to properly inspect them for ascertaining tbeir fitness and safety and…
2Cases cited3 opinions
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- Van den Heuvel v. National Furnace Co.Wisconsin Supreme Court · 1893
- Fonder v. General Construction Co.Wisconsin Supreme Court · 1911
3Cited by2 opinions
- Rosholt v. Worden-Allen Co.Wisconsin Supreme Court · 1913
- Johnson v. WeborgNebraska Supreme Court · 1942