Sommerfield v. Flury

Appellants’ first, and perhaps principal, contention is that the judgments should be reversed because all of the occupants of the Krueger car were engaged in a joint undertaking and Krueger was liable only for gross negligence. This contention is based on the fact, as the court found, that it was a custom of the neighborhood for every one to turn out to help when buildings caught fire. The burning building was insured in the local town mutual fire insurance company, as was property of some others who went to the fire to help; that Krueger did not invite any of the occupants of the car to ride…