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EDWARDS v. CUTLER-HAMMER, INC.

272 Wis. 54 (1956)

EDWARDS and another, Plaintiffs and Respondents, vs. CUTLER-HAMMER, INC., Defendant and Respondent: ESCHWEILER and another, Defendants and Appellants.

Supreme Court of Wisconsin.

February 7, 1956.

Attorney(s) appearing for the Case

For the appellants there were briefs by Lines, Spooner & Quarles, attorneys, and Charles B. Quarles of counsel, all of Milwaukee, and oral argument by Charles B. Quarles.

For the respondent Cutler-Hammer, Inc., there was a brief and oral argument by Ray T. McCann of Milwaukee.

For the respondents Roy Edwards and Hardware Mutual Casualty Company there was a brief and oral argument by Lawrence D. Gillick and Walter G. Seher, both of Milwaukee.

FAIRCHILD, C. J.

This case involves facts relative to the doctrine of a "borrowed employee." The law is clear that if the one to whom an employee is lent is the master of the servant at the very time the negligent act occurs, it is upon him, as a special employer, that the liability rests. If the one lending the employee is his master at the very time of the injury, then he, as general employer, contracts the liability.

In the first place, in order that the...

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