Legal Opinion · Dissent

Harrington v. Legge

Wisconsin Supreme Court

Decided June 1, 1920Published

Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This action was brought in the civil court of Milwaukee county by plaintiff, a physician and surgeon, to recover for services as such.

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Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This action was brought in the civil court of Milwaukee county by plaintiff, a physician and surgeon, to recover for services as such. Plaintiff was under a yearly contract with the Chicago, Milwaukee & St. Paul Railway Company to treat all injured employees of that company in and about the city of Milwaukee who came to him for treatment and who had been injured while working in the course of their employment for the railroad company, without charge to such employees individually. Defendant…

1DissentOwen, J.

As to the agreement between the plaintiff and defendant the defendant testified: “We agreed if I was injured by the company that I would get the operation free; if I was injured somewhere else I must pay.” As to the time and manner in which he was hurt he testified:

“I was injured in the month of May, 1917, while working for the railroad company. I was hurt while lifting a frog and then I noticed a sharp pain (indicating groin). At the time I felt this pain I noticed something in the region of the *643groin, a lump was here on the side; it was never there before ; it was the first time I noticed…

2Cases cited2 opinions

  1. E. Weiner Co. v. FreygangWisconsin Supreme Court · 1920
  2. Banner Coffee Co. v. BilligWisconsin Supreme Court · 1919

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