Kliefoth v. Northwestern Iron Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge ■county: James J. Dick, Circuit Judge. Action for personal injuries. The complaint, omitting formal allegations, is in substance as follows: On the 21st day of December, 1895, the defendant had a totally incompetent employee by the name of Arndt, engaged as an engineer in •charge of the engines and boilers in its blast furnace, with knowledge of such incompetence.
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Appeal from a judgment of the circuit court for Dodge ■county: James J. Dick, Circuit Judge. Action for personal injuries. The complaint, omitting formal allegations, is in substance as follows: On the 21st day of December, 1895, the defendant had a totally incompetent employee by the name of Arndt, engaged as an engineer in •charge of the engines and boilers in its blast furnace, with knowledge of such incompetence. On the same day plaintiff, whil.e also in the employ of the defendant, without fault on his part, by reason of wilful negligence and careless acts ■of said Arndt in turning on…
1Opinion of the CourtMaeshall, J.
As we view this case, the decision of the-question raised by the exception to the ruling of the trial court on the sufficiency of the complaint is decisive of the-appeal. The only negligence of the defendant alleged, is that of knowingly placing one Arndt, an incompetent person for the work, in charge of the engines and boilers in its blast furnace, where such plaintiff and servant were co-employees. That is followed by an allegation that the injury to the plaintiff was caused by the wilful negligence and carelessness of said Arndt. Without the allegation of incompetence, it could not…
2Cases cited7 opinions
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