Serdan v. Falk Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. Action to recover damages for the death of Phillip Serdan, alleged to have been caused by the negligence of the defendant in retaining in its employ a servant, Matyilski, known by it to be incompetent, but of whose incompetency the deceased was not aware, and in failing to warn the deceased of such incompetency of Matyilski.
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Appeal from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. Action to recover damages for the death of Phillip Serdan, alleged to have been caused by the negligence of the defendant in retaining in its employ a servant, Matyilski, known by it to be incompetent, but of whose incompetency the deceased was not aware, and in failing to warn the deceased of such incompetency of Matyilski. The defendant was a manufacturer of heavy machinery and operated in its plant a foundry for large castings. In it were four electric traveling cranes for use in moving…
1Opinion of the CourtVinje, J.
The trial court permitted the jury to view the premises. The defendant objected to this on the ground that the situation was entirely changed, because the crane in question was no longer in the foundry but in another building, and the sand mill referred to in the testimony had been moved about a hundred feet. It is also claimed that it was highly prejudicial to defendant to have the jury view work of such an apparently dangerous character as is carried on in a large foundry. Under our practice and the provisions of sec. 2852, Stats., it rests within the sound discretion of the trial court…
2Cases cited8 opinions
- Koepke v. City of MilwaukeeWisconsin Supreme Court · 1901
- Seaver v. Town of UnionWisconsin Supreme Court · 1902
- Pick v. Rubicon Hydraulic Co.Wisconsin Supreme Court · 1871
- Andrews v. YoumansWisconsin Supreme Court · 1892
- Boardman v. Westchester Fire InsuranceWisconsin Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wasley v. KosmatkaWisconsin Supreme Court · 1971
- Ohrmundt v. SpiegelhoffWisconsin Supreme Court · 1921
- Philip v. SchlagerWisconsin Supreme Court · 1934
- Max L. Bloom Co. v. United States Casualty Co.Wisconsin Supreme Court · 1927
- St. Louis-S. F. Ry. Co. v. HensonSupreme Court of Oklahoma · 1926