DeVoin v. Michigan Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for lla/rathon County. The case is thus stated by Mr. Justice Oassoday: “ January 1, 1883, the plaintiff resided at Bhinelander, and owned the span of horses in question and a pair of sleighs, and had a hired man to drive them, to whom he was paying §35 per month. The defendant was at the time engaged in lumbering; getting in saw-logs at two different camps, one at Bocky Bun and the other at Sugar Camp.
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APPEAL from the Circuit Court for lla/rathon County. The case is thus stated by Mr. Justice Oassoday: “ January 1, 1883, the plaintiff resided at Bhinelander, and owned the span of horses in question and a pair of sleighs, and had a hired man to drive them, to whom he was paying §35 per month. The defendant was at the time engaged in lumbering; getting in saw-logs at two different camps, one at Bocky Bun and the other at Sugar Camp. About the time named the defendant hired of the plaintiff his said team, sleighs, and driver to haul supplies from Ehine-lander to the camps named, for which the…
1Opinion of the CourtCassobay, J.
The court stated, to tbe jury that it was admitted, or proved by uncontradicted evidence, that at the time of the accident the team and driver “ were in the employ of the defendant . . . for the purpose of hauling logs.” It is now claimed that this was a controverted question of fact for the jury to determine. The only witness of the defendant on that question testified, in effect, that he, in behalf of the defendant, made the contract of hire with the plaintiff; that he hired the team and driver “to haul logs, and to haul supplies to Sugar Camp or Bocky Bun, just as he was a mind to have…
2Cases cited15 opinions
- Railroad Company v. FortSupreme Court of the United States · 1874
- Swoboda v. WardMichigan Supreme Court · 1879
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Joslin v. Grand Rapids Ice Co.Michigan Supreme Court · 1883
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3Cited by6 opinions
- Bower Auto Rent Co. v. YoungCourt of Appeals of Texas · 1925
- Palmer v. MayoSupreme Court of Connecticut · 1907
- Kennedy v. R. & L. Co.Massachusetts Supreme Judicial Court · 1916
- Fritz v. F. W. Hochspeier Co.Illinois Supreme Court · 1919
- Nelson v. SaariSupreme Court of Minnesota · 1913
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