Kliegel v. Aitken
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for 'Wauke-sha county: Waeham Paeks, Circuit Judge. This is an action to recover damages resulting to the plaintiff from an attack of typhoid fever, which she claims ■she contracted while employed as a servant in defendant’s ■family.
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Appeal from a judgment of the circuit court for 'Wauke-sha county: Waeham Paeks, Circuit Judge. This is an action to recover damages resulting to the plaintiff from an attack of typhoid fever, which she claims ■she contracted while employed as a servant in defendant’s ■family. It appears that the defendant’s daughter was ill Avith typhoid fever when the plaintiff was employed, and ■subsequently died from the disease; that plaintiff worked in the house from Monday until the following Saturday, doing, as she claims, work about the sickroom as well as other domestic duties. She claims that she…
1Opinion of the CourtWinslow, J.
The general principle is well established that one who negligently — that is, through want of ordinary care — exposes another to an infectious or contagious disease, which such other thereby contracts, is liable in damages therefor, in the absence of contributory negligence or assumption of the risk. Gilbert v. Hoffman, 66 Iowa, 205; Smith v. Baker, 20 Fed. Rep. 709. It follows from this that, if a servant is exposed by his master without warning to such a risk, and thereby contracts the disease, he being ignorant of the danger, and unable to know of it by the exercise of ordinary care, the…
2Cases cited3 opinions
- Hardy v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Nudd v. WellsWisconsin Supreme Court · 1860
- Gilbert v. HoffmanSupreme Court of Iowa · 1885
3Cited by29 opinions
- Berner v. CaldwellSupreme Court of Alabama · 1989
- Meany v. MeanySupreme Court of Louisiana · 1994
- Duke v. HousenWyoming Supreme Court · 1979
- B.N. v. K.KCourt of Appeals of Maryland · 1988
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
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