Cayll v. Waukesha Gas & Electric Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to set aside an award of the industrial commission under the workmen’s compensation act (secs. 2394 — 1 to 2394 — 31, Stats.). One Thomas Massino was engaged in carrying sewer pipe at the time of-the injury in question on June 3, 1917. The pipe was coated with tar, and as he threw a section of it off from his shoulder it stuck to his jacket, nearly threw him, and thus caused a…
Read the full summary
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to set aside an award of the industrial commission under the workmen’s compensation act (secs. 2394 — 1 to 2394 — 31, Stats.). One Thomas Massino was engaged in carrying sewer pipe at the time of-the injury in question on June 3, 1917. The pipe was coated with tar, and as he threw a section of it off from his shoulder it stuck to his jacket, nearly threw him, and thus caused a recurrence of an umbilical hernia. Massino had been in the general employ of respondent Cayll, an excavation contractor,…
1Opinion of the CourtJones, J.
This case comes before us in quite an unusual manner. Although it involves the rights of a laborer under the workmen’s compensation act, the employee takes no active part in this appeal. The contest is between two parties who both deny liability, and each alleges that the other was the employer of the servant, Massino, and liable for any compensation which may be due him.
It is alleged in the petition of Cayll, respondent, that Mas-sino has claimed that both are liable, although, so far as the record shows, he has filed no formal claim against either.
On the main question litigated there was…
2Cases cited7 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Scribner's CaseMassachusetts Supreme Judicial Court · 1918
- Westover v. HooverNebraska Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Pinson Ex Rel. Pinson v. Minidoka Highway DistrictIdaho Supreme Court · 1940
- Nepstad v. LambertSupreme Court of Minnesota · 1951
- Seaman Body Corp. v. Industrial CommissionWisconsin Supreme Court · 1931
- Ellegood v. Brashear Freight Lines, Inc.Missouri Court of Appeals · 1942
- Village of Weyauwega v. Industrial CommissionWisconsin Supreme Court · 1923
28 more not listed; retrieve them via the Exa API.