Salus v. Great Northern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: Fbank A. Ross, Circuit Judge. Action to recover for personal injury wbicb happened to plaintiff March 29, 1913. On tbe occasion in question plaintiff and an associate, employees of defendant in tbe course of their duties as sucb, were engaged in repairing an ore car.
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Appeal from a judgment of tbe circuit court for Douglas county: Fbank A. Ross, Circuit Judge. Action to recover for personal injury wbicb happened to plaintiff March 29, 1913. On tbe occasion in question plaintiff and an associate, employees of defendant in tbe course of their duties as sucb, were engaged in repairing an ore car. They were required to raise one end of tbe car with jack-screws free from tbe truck at sucb end, roll tbe truck back- and rest the end of tbe car on a horse, and, after making tbe necessary repairs, replace tbe truck. They proceeded to tbe point of practically…
1Opinion of the CourtMaeshall, J.
So far as the decision below rests upon the theory that the defense of negligence of a fellow-servant was available under sec. 1816, Stats., it is wrong. The statute was superseded by the Workmen’s Compensation Act, as held in Minneapolis, St. P. & S. S. M. R. Co. v. Industrial Comm. 153 Wis. 552, 141 N. W. 1119.
So if appellant was injured by negligence of his associate respondent is liable unless contributory negligence, strictly speaking, on his part, — inadvertence as distinguished from assumption of risk, — proximately contributed to produce the injury. Besnys v. Herman Zohrlaut L. Co.,…
2Cases cited2 opinions
- Besnys v. Herman Zohrlaut Leather Co.Wisconsin Supreme Court · 1914
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Industrial CommissionWisconsin Supreme Court · 1913
3Cited by5 opinions
- Zavitovsky v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915
- Christ v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1929
- Carlson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1925
- Nadeau v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1930
- Nadeau v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1930