Legal Opinion

Freeman v. Krause Milling Co.

Wisconsin Supreme Court

Decided June 27, 1969No. 325PublishedCited by 22 opinions

1Opinion of the CourtBeilfuss, J.

The sole issue to be determined is whether the plaintiff, Freeman, the injured workman, was a loaned or a special employee of the defendant, Krause Milling, at the time of the injury.

The court has consistently applied the same test, in the past several years, to determine whether an individual workman was a loaned or special employee. This test was recently reiterated in Huckstorf v. Vince L. Schneider Enterprises (1968), 41 Wis. 2d 45, 50, 163 N. W. 2d 190:

“ ‘The essential tests to be applied in determining whether a loaned employee retains his employment with his original employer, or…

2Cases cited5 opinions

  1. Seaman Body Corp. v. Industrial CommissionWisconsin Supreme Court · 1931
  2. Rhinelander Paper Co. v. Industrial CommissionWisconsin Supreme Court · 1931
  3. Huckstorf v. Vince L. Schneider EnterprisesWisconsin Supreme Court · 1968
  4. Skornia v. Highway Pavers, Inc.Wisconsin Supreme Court · 1968
  5. Visiting Nurse Ass'n v. Industrial Commission of WisconsinWisconsin Supreme Court · 1928

3Cited by22 opinions

  1. DePratt v. SergioWisconsin Supreme Court · 1981
  2. Meka v. Falk Corp.Wisconsin Supreme Court · 1981
  3. Cherry v. Chustz, Texas Court of Appeals, 5th District (Dallas)1986
  4. Goodman v. Sioux Steel Co.South Dakota Supreme Court · 1991
  5. Gansch v. Nekoosa Papers, Inc.Wisconsin Supreme Court · 1990

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