Kropidlowski v. Pfister & Vogel Leather Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Waeeen D. Taeeant, Circuit Judge. The complaint in this action alleged that on or abput April 23, 1910, plaintiff was employed by the Herman Zohrlaut Leather Company in its factory, and that the defendant herein delivered to said company certain carboys of acid; that plaintiff in the performance of his duties was required to remove the carboys from the yard to the store room; that the stopper in the neck of one…
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Appeal from an order of the circuit court for Milwaukee county: Waeeen D. Taeeant, Circuit Judge. The complaint in this action alleged that on or abput April 23, 1910, plaintiff was employed by the Herman Zohrlaut Leather Company in its factory, and that the defendant herein delivered to said company certain carboys of acid; that plaintiff in the performance of his duties was required to remove the carboys from the yard to the store room; that the stopper in the neck of one of the carboys was defective, in that it was improperly placed therein, and that while plaintiff was handling the carboy…
1Opinion of the CourtBaeNes, J.
The appellant maintains that the instrument set forth in the statement of facts is a release under seal of one of two joint wrongdoers, and that the legal effect of the document is to release and discharge both. The respondent contends that the so-called release should be construed as a covenant not to sue the Herman Zohrlaut Leather Company, and not as a technical release, and that, so construed, it does not bar a recovery from the appellant for the difference between the amount of damages sustained and the sum already paid by the Zohrlaut Company. The question is an interesting one, and it…
2Cases cited10 opinions
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Parmelee v. LawrenceIllinois Supreme Court · 1867
- Ellis v. EssonWisconsin Supreme Court · 1880
- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- McBride v. ScottMichigan Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pierringer v. HogerWisconsin Supreme Court · 1963
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Gronquist v. OlsonSupreme Court of Minnesota · 1954
- Black v. MartinMontana Supreme Court · 1930
- State Farm Mutual Automobile Insurance v. Continental Casualty Co.Wisconsin Supreme Court · 1953
13 more not listed; retrieve them via the Exa API.