Johnson v. Ashland Water Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: Action to recover damages for personal injury sustained by the plaintiff while in the employ of the defendant. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.
Read the full summary
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: Action to recover damages for personal injury sustained by the plaintiff while in the employ of the defendant. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled by the circuit court, and from the order overruling it defendant appeals to this court. The following is the substance of the complaint. First. The complaint alleges that the defendant is…
1Opinion of the CourtTayloR, J.
It is claimed by the learned counsel for the appellant that the complaint does not state a cause of action because it shows that the plaintiff was a mere volunteer in the work in which he was engaged at the time he received his injury. Under the allegations of the complaint, the plaintiff was engaged in the defendant’s work at the request of the man in charge of the work; and, although it may be said that his employment was for a mere temporary purpose, and that the plaintiff was not expecting any pay for the work done, and in that sense the employment was voluntary, still, being in the…
2Cases cited4 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- St. John v. . the American Mutual Life Insurance Co.New York Court of Appeals · 1855
- New Orleans, Jackson & Great Northern Railroad v. HarrisonMississippi Supreme Court · 1873
3Cited by38 opinions
- Jones v. GoodsonCourt of Appeals for the Tenth Circuit · 1941
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Fitter v. Iowa Telephone Co.Supreme Court of Iowa · 1909
- Schmeling v. JorgensenSouth Dakota Supreme Court · 1957
- Jacksonville Electric Co. v. SloanSupreme Court of Florida · 1906
33 more not listed; retrieve them via the Exa API.