Knauer v. Joseph Schlitz Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwam kee, county: W. J. Tuertee, Circuit Judge. Action for. a personal injury.
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Appeal from a judgment of the circuit court for Milwam kee, county: W. J. Tuertee, Circuit Judge. Action for. a personal injury. The claim of plaintiff was that, while performing his duties as an employee of defendant brewing company, driving a span of horses attached to a wagon in which he was riding and with due care in the act of crossing a railway track owned by said brewing company; but maintained and operated by tbe defendant railway company, through their joint negligence the wagon was struck by a car and he was thereby thrown violently to the ground and injured. The pleadings put such…
1Opinion of the CourtMaRsi-iall, J.
The trial court decided this case, regardless .of whether either of the respondents violated duty as to the personal safety of appellant, upon the theory that he assumed the risk which resulted in his injury, and that the *10railway company, with which he had no contract relations, was relieved by such assumption the same as the brewing company.
The undisputed evidence shows a very clear case of assumption of the risk. Plaintiff — in working for the brewing company with full knowledge of the custom of shunting cars across the alley intersection with the railway track without warning, either by…
2Cases cited8 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Campshure v. Standard Manufacturing Co.Wisconsin Supreme Court · 1908
- Central Vermont Ry. Co. v. BethuneCourt of Appeals for the First Circuit · 1913
- Koepcke v. Wisconsin Bridge & Iron Co.Wisconsin Supreme Court · 1902
- Van Dinter v. Worden-Allen Co.Wisconsin Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Graber v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1915
- Scory v. LaFaveWisconsin Supreme Court · 1934
- Washburn v. SkoggWisconsin Supreme Court · 1931
- Biersach v. WechselbergWisconsin Supreme Court · 1931
- Colson v. RuleWisconsin Supreme Court · 1962
7 more not listed; retrieve them via the Exa API.