Rogahn v. Moore Manufacturing & Foundry Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for MiVwaulcee County. The defendant appeals from an order striking out as frivolous its demurrer to plaintiff’s complaint, the substance of which appears in the opinion, for not stating a cause of action. To the point that the complaint charges acts not within the general scope of the foreman’s authority, and does not show any direct authority for them, they cited Ilowe v. New-mareh, 12 Allen, 49; Isaacs v. Third Ave. B. Go. 47 FT.
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APPEAL from the Circuit Court for MiVwaulcee County. The defendant appeals from an order striking out as frivolous its demurrer to plaintiff’s complaint, the substance of which appears in the opinion, for not stating a cause of action. To the point that the complaint charges acts not within the general scope of the foreman’s authority, and does not show any direct authority for them, they cited Ilowe v. New-mareh, 12 Allen, 49; Isaacs v. Third Ave. B. Go. 47 FT. Y. 128; Maliv. Lord, 39 id. 381; Peeh v. N. Y. C. <& II. B. B. Go. 70 id. 590; Williams v. Pullman P. O. Go. 40 La. Ann. 87; Warev.…
1Opinion of the CourtCole, C. J.
The question presented on this appeal is, Does the complaint state a cause of action against the defendant corporation? If it does, the order of the circuit court, under the established practice here, must be affirmed.
The complaint, in substance, states that the plaintiff was working for the defendant company at the time of the injury complained of, pursuant to an employment made with one Beaman, who was the foreman of the defendant, having the right and power to engage and discharge men in the foundry department; that the plaintiff was ordered by Beaman to do certain work, which he refused…
2Cases cited6 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
- Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
- Cohen v. . D.D., E.B. and B.R.R. Co.New York Court of Appeals · 1877
- Fick v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bergman v. HendricksonWisconsin Supreme Court · 1900
- Conchin v. El Paso & Southwestern RailroadArizona Supreme Court · 1910
- Cain v. Alpha SS CorporationCourt of Appeals for the Second Circuit · 1929
- Johnston v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1907
- Richard v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1920
7 more not listed; retrieve them via the Exa API.