Firemen's Fund Insurance v. Schreiber
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover of a bailee for the wrongful act of his servant while in the line of duty. Plaintiff insured one Schleisinger against damage to his automobile, while in use. The machine was kept in defendant’s garage, he receiving $2Q per month for housing and care.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover of a bailee for the wrongful act of his servant while in the line of duty. Plaintiff insured one Schleisinger against damage to his automobile, while in use. The machine was kept in defendant’s garage, he receiving $2Q per month for housing and care. He had in his employ one Elynn whose duty it was to be at the garage at 6 o’clock p. m., — the time for the day attendants to quit work, — and stay through the evening and into the night so long as necessary to do the work of washing…
1Dissent
(dissenting). Although tbe opinion of tbe court has been extended to' great length in tbe discussion of authorities, it appears to me that tbe principles involved are few and simple. This seems to be conceded in tbe opinion. Tbe court says:
“Perhaps far too much labor has already been spent upon this case but we hesitate to lay it down, notwithstanding tbe principles governing it seem few, plain, and to have been many times declared and applied here. . . .”
Tbe defendant was a bailee for hire, and of course tbe ordinary rules of law relative to bailees are applicable, hence no *64extended citation…
2Cases cited26 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Dickson v. WaldronIndiana Supreme Court · 1893
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
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