Legal Opinion

Main v. Cameron

Wisconsin Supreme Court

Decided March 7, 1961PublishedCited by 5 opinions

1Opinion of the CourtFairchild, J.

Repeated use of an automobile by one who is not the owner with the owner’s knowledge of such use permits an inference that the owner had given consent, express or implied, to the other’s use of the automobile.

It is conceded here that there was no express consent, and no sufferance by Vorel of repeated use of the particular automobile (nor any other Vorel automobile) by Cameron.

Appellant cites four decisions to support the proposition that permission may be implied from circumstances which do not include prior repeated use of the automobile by the alleged permittee.

In the first three of the…

2Cases cited5 opinions

  1. Elkinton v. California State Automobile Ass'nCalifornia Court of Appeal · 1959
  2. Talbot v. Allstate Insurance CompanyLouisiana Court of Appeal · 1954
  3. Christiansen v. Ætna Casualty & Surety Co.Wisconsin Supreme Court · 1931
  4. Pierce v. StandowCalifornia Court of Appeal · 1958
  5. Adams v. Quality Service Laundry & Dry CleanersWisconsin Supreme Court · 1948

3Cited by5 opinions

  1. Derusha v. Iowa National Mutual InsuranceWisconsin Supreme Court · 1970
  2. Globe Indemnity Company v. FrenchCourt of Appeals of Texas · 1964
  3. State Farm v. Zurich Am. Ins. Co.New Jersey Superior Court Appellate Division · 1972
  4. Dahlke v. RoederWisconsin Supreme Court · 1961
  5. Fireman's Fund Insurance v. BrandtDistrict Court, D. New Hampshire · 1962

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