Ehlers v. Automobile Liability Co.
Wisconsin Supreme Court
Appeals from an order of the circuit court for Milwaukee county: Walter Scitinz, Circuit Judge. John Ehlers, the husband of the plaintiff, was run over by an automobile owned and operated by the defendant Gold and suffered injuries from which he afterwards died.
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Appeals from an order of the circuit court for Milwaukee county: Walter Scitinz, Circuit Judge. John Ehlers, the husband of the plaintiff, was run over by an automobile owned and operated by the defendant Gold and suffered injuries from which he afterwards died. This action is brought to recover upon two causes of action: first, the cause of action accruing to the deceased and his estate for pain and suffering, medical and funeral expenses, etc., and second, the cause of action accruing in favor of the widow for her pecuniary' loss resulting from her husband’s death under secs. 4255, 4256,…
1Opinion of the CourtWinslow, C. J.
The defendant Gold was not carrying passengers on his route at the time of the accident, but had quit for the day and was driving his machine to a repair shop to have some necessary repairs made. By reason of these facts it is claimed by the defendant Liability Company that the machine was not being operated “in the service of a common carrier” at the time of the accident, and hence that there is no liability on the bond.
We are well satisfied that such a construction of the bond would be entirely too narrow. Gold was not going on a private errand nor operating his machine for any private…
2Cases cited2 opinions
- Anderson v. SparksWisconsin Supreme Court · 1910
- Guillaume v. Wisconsin-Minnesota Light & Power Co.Wisconsin Supreme Court · 1915
3Cited by13 opinions
- Plummer v. LeonhardWisconsin Supreme Court · 1969
- Carson v. City of BeloitWisconsin Supreme Court · 1966
- Commercial Standard Ins. Co. v. BaconCourt of Appeals for the Tenth Circuit · 1946
- Bulman v. BulmanWisconsin Supreme Court · 1955
- Garcia v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1950
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