Legal Opinion

Hornburg v. Morris

Wisconsin Supreme Court

Decided April 11, 1916PublishedCited by 13 opinions

Appeal from an order of tbe circuit court for Milwaukee ■county: W. J. TubNER, Circuit Judge. Action begun in tbe civil court to recover damages sustained by a collision witb defendant’s automobile. Plaintiff was a member of tbe fire department of tbe city of Milwaukee. On tbe 6tb of August, 1914, at about 1:50 o’clock in tbe afternoon, be collided witb defendant’s automobile while riding a motorcycle near tbe intersection of Second and Bur-leigh streets.

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Appeal from an order of tbe circuit court for Milwaukee ■county: W. J. TubNER, Circuit Judge. Action begun in tbe civil court to recover damages sustained by a collision witb defendant’s automobile. Plaintiff was a member of tbe fire department of tbe city of Milwaukee. On tbe 6tb of August, 1914, at about 1:50 o’clock in tbe afternoon, be collided witb defendant’s automobile while riding a motorcycle near tbe intersection of Second and Bur-leigh streets. He was returning to bis work after bis midday ■meal and was due at tbe engine bouse at 2 o’clock. Tbe evidence showed that for several…

1Opinion of the Court

YiNje, J.. In Milwaukee v. Althoff, 156 Wis. 68, 145 N. W. 238, it was held that the relation of master and servant under the Workmen’s Compensation Act may in some instances extend to places other than the premises of the master where the servant is employed, while he is going to and from work. That was so held under the law as it stood prior to the amendment of ch. 599, Laws 1913, which limited the conditions of liability by this clause: “Every employee going to and from his employment in the ordinary and usual way while on the premises of his employer, shall be deemed to be performing…

2Cases cited1 opinion

  1. City of Milwaukee v. AlthoffWisconsin Supreme Court · 1914

3Cited by13 opinions

  1. Radtke Bros. & Korsch Co. v. RutzinskiWisconsin Supreme Court · 1921
  2. Employers' Indemnity Corp. v. FelterCourt of Appeals of Texas · 1924
  3. Krebs v. Industrial CommissionWisconsin Supreme Court · 1929
  4. Otto v. Duluth Street Railway Co.Supreme Court of Minnesota · 1917
  5. Ohrmund v. Industrial CommissionWisconsin Supreme Court · 1933

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