Jarnek v. Manitowoc Coal & Dock Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: N. S. GilsoN, Circuit Judge. Action to recover for personal injuries. Plaintiff was injured while in the employ of defendant, working as a coal trimmer or shoveler, at its coal dock. This action was brought to recover compensation therefor, upon the theory that it was the result of actionable fault on the part of the defendant in failing to furnish plaintiff with a reasonably safe place to work.
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Appeal from a judgment of the circuit court for Manito-woc county: N. S. GilsoN, Circuit Judge. Action to recover for personal injuries. Plaintiff was injured while in the employ of defendant, working as a coal trimmer or shoveler, at its coal dock. This action was brought to recover compensation therefor, upon the theory that it was the result of actionable fault on the part of the defendant in failing to furnish plaintiff with a reasonably safe place to work. The circumstances of the injury were substantially as follows: Plaintiff, and others associated with him, were engaged in taking coal…
1Opinion of the CourtMaesi-ialu, J.
Familiar principles of law govern this case. It is the duty of the master to furnish his servant with rea*540sonably safe and suitable tools and machinery to work with, a reasonably safe place in which to do his work, and reasonably competent and safe co-employees where co-employees are needed. Ordinary care and prudence in the performance of such duty is personal and absolute, and if its performance be delegated by the master to another, negligence in that regard, by such other, will be imputed to the master. But where the duty has been performed and a personal injury to an employee nevertheless…
2Cases cited5 opinions
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Cadden v. American Steel Barge Co.Wisconsin Supreme Court · 1894
- Promer v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- McClarney v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1891
3Cited by5 opinions
- Portance v. Lehigh Valley Coal Co.Wisconsin Supreme Court · 1899
- Halwas v. American Granite Co.Wisconsin Supreme Court · 1909
- Sparling v. United States Sugar Co.Wisconsin Supreme Court · 1908
- Driscoll v. Allis-Chalmers Co.Wisconsin Supreme Court · 1911
- Massy v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910