Matzewitz v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Ashland county: John E. Papish, Circuit Judge. Action to enforce a laborer’s claim under sec. 1815, Stats. (1898). The issues raised by the pleadings were closed by these conclusions : In 1901 the defendant was engaged in railroad construction in Douglas county, Wisconsin, under a principal contractor, one Balch, and his subcontractor, Philbrook.
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'Appeal from a judgment of the circuit court for Ashland county: John E. Papish, Circuit Judge. Action to enforce a laborer’s claim under sec. 1815, Stats. (1898). The issues raised by the pleadings were closed by these conclusions : In 1901 the defendant was engaged in railroad construction in Douglas county, Wisconsin, under a principal contractor, one Balch, and his subcontractor, Philbrook. The duties of the latter were, in part, to look after the camps, hire and discharge men, keep their accounts, board them, direct them as to their work, and give statements of the amounts due for their…
1Opinion of the CourtMaeshall, J.
Was tlie person upon whom the notice was served the defendant’s engineer, agent, or superintendent, in its employment, having charge of that part of the road on which the labor was performed ? It is contended for appellant, that the finding in the affirmative is contrary to the clear preponderance of the evidence, because the statute contemplates that the person upon whom service is required to be made shall be the particular employee, in such charge of. the work as to be likely to know the facts in regard to the claim.
We can see no good reason for restricting the plain meaning of the statute…
2Cases cited2 opinions
- Bernhardt v. RiceWisconsin Supreme Court · 1898
- Fraker v. ReeveWisconsin Supreme Court · 1874
3Cited by1 opinion
- Balley v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910