Legal Opinion

Bloom v. Krueger

Wisconsin Supreme Court

Decided November 13, 1923PublishedCited by 15 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. The appeal is from a judgment in favor of the plaintiff in a personal injury action. The defendant is engaged in the automobile business at Milwaukee, and in the year 1921 employed one Parris as a car washer and a general handy-man.

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Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. The appeal is from a judgment in favor of the plaintiff in a personal injury action. The defendant is engaged in the automobile business at Milwaukee, and in the year 1921 employed one Parris as a car washer and a general handy-man. It was customary for Parris, who was allowed thirty minutes for lunch, to carry the same with him and eat it at the place of his employment ; and it also appears that on numerous occasions he resumed his employment before the expiration of his lunch period. Some…

1Opinion of the CourtDoerfler, J.

During the lunch period the relationship of master 'and servant between the defendant and Parris was suspended, and the employee was at liberty to utilize his time solely for his own individual benefit and purposes. In other words, the lunch time was the employee’s time and not the employer’s. It is true that the evidence shows that Parris as an employee was exceptionally loyal and devoted to his employer’s interests, and that upon numerous occa*32sions he resumed his work for the benefit of the employer before the expiration of the time allotted for lunch. The lunch period was exceptionally…

2Cases cited9 opinions

  1. Steffen v. McNaughtonWisconsin Supreme Court · 1910
  2. Gewanski v. EllsworthWisconsin Supreme Court · 1917
  3. Johanson v. Webster Manufacturing Co.Wisconsin Supreme Court · 1909
  4. Dehsoy v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
  5. Swanke v. HerdemanWisconsin Supreme Court · 1909

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3Cited by15 opinions

  1. Geldnich v. BurgWisconsin Supreme Court · 1930
  2. Brown v. BondMississippi Supreme Court · 1941
  3. Kerin v. Industrial CommissionWisconsin Supreme Court · 1942
  4. Ohrmund v. Industrial CommissionWisconsin Supreme Court · 1933
  5. Miller v. HoefgenNew Mexico Supreme Court · 1947

10 more not listed; retrieve them via the Exa API.

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