Legal Opinion

Edwards v. Cutler-Hammer, Inc.

Wisconsin Supreme Court

Decided February 7, 1956PublishedCited by 15 opinions

1Opinion of the CourtFairchild, C. J.

This case involves facts relative to the doctrine of a “borrowed employee.” The law is clear that if the one to whom an employee is lent is the master of the servant at the very time the negligent act occurs, it is upon him, as a special employer, that the liability rests. If the one lending the employee is his master at the very time of the injury, then he, as general employer, contracts the liability.

In the first place, in order that the general employer be relieved from liability and the special employer become liable, there must be a consensual relationship between the employee and the…

2Cases cited13 opinions

  1. Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
  2. Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
  3. Mature v. AngeloSupreme Court of Pennsylvania · 1953
  4. Siidekum v. Animal Rescue League of PittsburghSupreme Court of Pennsylvania · 1945
  5. Cayll v. Waukesha Gas & Electric Co.Wisconsin Supreme Court · 1920

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3Cited by15 opinions

  1. Phelps v. Physicians InsuranceWisconsin Supreme Court · 2009
  2. New York Central Railroad v. Northern Indiana Public Service Co.Indiana Court of Appeals · 1966
  3. Estate of Hegarty Ex Rel. Hegarty v. BeauchaineCourt of Appeals of Wisconsin · 2001
  4. Meka v. Falk Corp.Wisconsin Supreme Court · 1981
  5. Gansch v. Nekoosa Papers, Inc.Wisconsin Supreme Court · 1990

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