Wagner v. Plano Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. This is an action to recover for personal injuries. The facts appearing upon the trial were substantially as follows: In June, 1898, the plaintiff, who was a boy a little less than fourteen years of age, of ordinary health and intelligence, was living at Waukesha, with Yalentine Imig, who was his stepfather, and is his guardian ad litem in this action.
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Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. This is an action to recover for personal injuries. The facts appearing upon the trial were substantially as follows: In June, 1898, the plaintiff, who was a boy a little less than fourteen years of age, of ordinary health and intelligence, was living at Waukesha, with Yalentine Imig, who was his stepfather, and is his guardian ad litem in this action. Imig was an agent for the defendant, The Plomo Manufacturing Company, and in 1897 had sold a binder made by said company to a farmer in the…
1Opinion of the CourtWiNslow, J.
When the defendant’s agent, Diebler, requested the plaintiff to assist him in the work of putting the binder upon the trucks, and the plaintiff consented to do so, the plaintiff became for the time being defendant’s servant *51to all intents and purposes, and a co-employee of the defendant with Diebler, entitled to the same protection as any other servant of the defendant of similar age and intelligence, and subject to the same risks of injury from the negligence of a fellow-servant. Johnson v. Ashland W. Co. 71 Wis. 553; S. C. 77 Wis. 51. If there was serious danger and hazard in the work,…
2Cases cited3 opinions
- Johnson v. Ashland Water Co.Wisconsin Supreme Court · 1888
- Klochinski v. Shores Lumber Co.Wisconsin Supreme Court · 1896
- Johnson v. Ashland Water Co.Wisconsin Supreme Court · 1890
3Cited by10 opinions
- Thomas v. Lockwood Oil Co.Wisconsin Supreme Court · 1921
- Forquer v. Slater Brick Co.Montana Supreme Court · 1908
- Kellar v. LloydCourt of Appeals of Wisconsin · 1993
- Rahles v. J. Thompson & Sons Manufacturing Co.Wisconsin Supreme Court · 1909
- Johnson v. Berwind Fuel Co.Wisconsin Supreme Court · 1913
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