McMahon v. Ida Mining Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Pay-ette county: G-eo. ClemeNtsoN, Circuit Judge. This is an action to recover for personal injuries received by the plaintiff while at work as a miner in the defendant’s lead and zinc mine, by the discharge of a dynamite blast under circumstances which, it is alleged, established actionable negligence on the part of the defendant.
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Appeal from a judgment of the circuit court for La Pay-ette county: G-eo. ClemeNtsoN, Circuit Judge. This is an action to recover for personal injuries received by the plaintiff while at work as a miner in the defendant’s lead and zinc mine, by the discharge of a dynamite blast under circumstances which, it is alleged, established actionable negligence on the part of the defendant. The gist of the complaint is that the plaintiff was set to work by a shift boss in a certain part of the mine where there were concealed unexploded blasts known to the shift boss, but not to the plaintiff; and that…
1Opinion of the CourtWiNslow, J.
The nonsuit is attempted to be justified on the ground that the shift boss was a co-employee, and that thus the plaintiff’s injury resulted from the negligence of a co-employee. There is little or no dispute as to the principles of law on the subject, but the difficulty is in the application of the law. In Cadden v. Am. Steel Barge Co. 88 Wis. 409, it is correctly said: “ In Dwyer v. Am. Exp. Co. 82 Wis. 307, it was held that the question whether different employees of the same master are to be regarded as fellow-servants in a common employment depends upon the nature of the act in the…
2Cases cited2 opinions
- Cadden v. American Steel Barge Co.Wisconsin Supreme Court · 1894
- Dwyer v. American Express Co.Wisconsin Supreme Court · 1892
3Cited by13 opinions
- Foley v. Cudahy Packing Co.Supreme Court of Iowa · 1903
- Wilder v. Great Western Cereal Co.Supreme Court of Iowa · 1906
- Baumann v. C. Reiss Coal Co.Wisconsin Supreme Court · 1903
- Wiskie v. Montello Granite Co.Wisconsin Supreme Court · 1901
- Albrecht v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
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