James v. Tobin-Sutton Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: S. E. Smalley, Judge. Action to recover damages for personal injuries sustained by plaintiff in a collision with an automobile driven by the defendant Sovic. The defendant Tobin-Sutton Company was made a defendant on the theory that Sovic was in its employ at the time of the collision.
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Appeal from a judgment of the circuit court for Milwaukee county: S. E. Smalley, Judge. Action to recover damages for personal injuries sustained by plaintiff in a collision with an automobile driven by the defendant Sovic. The defendant Tobin-Sutton Company was made a defendant on the theory that Sovic was in its employ at the time of the collision. As a part of the special verdict the jury found that the defendant Sovic “was in the employ of the defendant Tobin-Sutton Company as salesman on December 1, 1921and that at the time of the collision he “was within the scope of his employment by…
1Opinion of the CourtVinje, C. J.
The appellant contends (1) that the overwhelming weight of the evidence shows that some weeks before the accident Sovic had been discharged from its employ; (2) that the undisputed evidence shows that he was an independent contractor / and (3) that even if he was in its employ he was not acting within the scope of his employment at the time of the collision.
We shall not discuss the first and last contentions because we have reached the conclusion that upon the undisputed evidence the law declares him to have been an independent contractor at the time of the collision, for whose acts the…
2Cases cited6 opinions
- Barton v. Studebaker Corp. of AmericaCalifornia Court of Appeal · 1920
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Terry Dairy Co. v. ParkerSupreme Court of Arkansas · 1920
- Premier Motor Manufacturing Co. v. TilfordIndiana Court of Appeals · 1916
- Madix v. Hochgreve Brewing Co.Wisconsin Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- American National Insurance v. DenkeTexas Supreme Court · 1936
- McCarthy v. SoutherSupreme Court of New Hampshire · 1927
- American Savings Life Insurance v. RiplingerCourt of Appeals of Kentucky (pre-1976) · 1933
- Stockwell v. MorrisWyoming Supreme Court · 1933
- Henkelmann v. Metropolitan Life InsuranceCourt of Appeals of Maryland · 1942
33 more not listed; retrieve them via the Exa API.