Schaefer v. Osterbrink
Wisconsin Supreme Court
APPEALS from the Circuit Court for Marathon County. The case is thus stated by Mr. Justice Oassoday: This action was commenced by Louis Schaefer, a minor, by his guardian, August 15, 1885, against Everha/rt Oster-brinh and Henry Osterbrmk jointly, upon a complaint, alleging, among other things, in effect, that December 25, 1884, while Louis was riding in a sleigh along in the public highway, with his father, the present plaintiff, drawn by a span of small ponies, the…
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APPEALS from the Circuit Court for Marathon County. The case is thus stated by Mr. Justice Oassoday: This action was commenced by Louis Schaefer, a minor, by his guardian, August 15, 1885, against Everha/rt Oster-brinh and Henry Osterbrmk jointly, upon a complaint, alleging, among other things, in effect, that December 25, 1884, while Louis was riding in a sleigh along in the public highway, with his father, the present plaintiff, drawn by a span of small ponies, the defendant Henry, son of the defendant Everhart, while in the employ of, and acting as the agent and servant of, said Everhart,…
1Opinion of the CourtCassoday, J.
1. Exception was taken to the admission of evidence. It was certainly competent for the plaintiff to prove that prior to the accident Henry had been in the habit of driving his team to church and elsewhere, and the *499extent and character of the driving, as hearing upon'the natnre of his service and the scope of his authority from his father. It was also competent to show the disposition of the team as to racing; that prior to the accident it would, when driven up behind another team and turned to go by, shoot ahead like an arrow, and that the team had been trained to go in that way. We see no…
2Cases cited9 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Mulvehill v. BatesSupreme Court of Minnesota · 1884
- Evans v. DavidsonCourt of Appeals of Maryland · 1880
- Maddox v. BrownSupreme Judicial Court of Maine · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bergman v. HendricksonWisconsin Supreme Court · 1900
- Foster v. FarraOregon Supreme Court · 1926
- Jones v. CookWest Virginia Supreme Court · 1922
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Crossett v. GoelzerWisconsin Supreme Court · 1922
13 more not listed; retrieve them via the Exa API.