Dwyer v. American Express Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wvrmebago County. The case is thus stated by Mr. Justice Tayloe: “ This action was brought to recover damages for an injury received by the plaintiff while in the employ of the defendant company, and which he alleges was the result of the carelessness of the defendant’s agent. The complaint was demurred to for the reason that it did not state facts sufficient to constitute a cause of action.
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APPEAL from the Circuit Court for Wvrmebago County. The case is thus stated by Mr. Justice Tayloe: “ This action was brought to recover damages for an injury received by the plaintiff while in the employ of the defendant company, and which he alleges was the result of the carelessness of the defendant’s agent. The complaint was demurred to for the reason that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained, and from the order sustaining the same the plaintiff appealed. “ The following is a copy of the complaint: ‘ The plaintiff complains and…
1Opinion of the CourtTayloe, J.
Upon the argument in this court the learned counsel for the appellant insists that the complaint shows that Colvin, who is designated in said complaint as “ the agent and manager of said company’s office in the city of Oshkosh,” is and was the vice-principal or “ alter ego ” of the defendant, and that consequently the defendant company is liable for any and all negligent acts done by him in his employment, by reason of which an injury results to one of its employees; that the agent of the defendant company must be held to be the embodiment or personality of the company, and his acts, done in…
2Cases cited3 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- McCosker v. . Long Island Railroad Co.New York Court of Appeals · 1881
- Brickner v. New York Central RailroadNew York Supreme Court · 1870
3Cited by3 opinions
- Heine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
- Luebke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
- Nelson v. City of SalinaSupreme Court of Kansas · 1927