Zulkee v. Wing
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover for labor and services in cutting and getting out logs, &c. Defendants claimed to recoup for damages done them by the plaintiff while so engaged in their service, by so cutting a tree as to cause it to fall upon and kill two horses belonging to them. Evidence was introduced tending to establish the defense.
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APPEAL from the Circuit Court for Winnebago County. Action to recover for labor and services in cutting and getting out logs, &c. Defendants claimed to recoup for damages done them by the plaintiff while so engaged in their service, by so cutting a tree as to cause it to fall upon and kill two horses belonging to them. Evidence was introduced tending to establish the defense. The plaintiff’s evidence tended to show that there was also negligence on the part of defendants’ teamster, one Harmon, who had charge of the horses, in not removing them when warned of the danger. The court refused the…
1Opinion of the CourtDixon, C. J.
The court below, both as to the instructions given and those refused, seems to have totally misconceived or misapplied the maxim, Qui facitper alium facitper se; or, what is the same in principle and more usually and appropriately applied with reference to actions ex delicto, the maxim, Respondeat superior. The master is always liable to third persons for the negligence or omission of duty of his servant while acting within the scope of his employment. If a servant drive his master’s carriage or cart so negligently as to overturn another carriage, or to run over an individual and do him an…
2Cited by14 opinions
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- South Carolina Insurance v. James C. Greene & Co.Court of Appeals of South Carolina · 1986
- Oxford Shipping Co., Ltd. v. New Hampshire Trading Corp., Oxford Shipping Co., Ltd. v. New Hampshire Trading Corp., Avon Trading Corp.Court of Appeals for the First Circuit · 1983
- Fedden v. Brooklyn Eastern District TerminalAppellate Division of the Supreme Court of the State of New York · 1923
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