Borger v. McKeith

The defendant Carl McKeith is the proprietor of a garage at Galesville,' Wisconsin. On and prior to October 9, 1927, one Russell Jenks was a mechanic in his employ. ' On Sunday, October 9, 1927, he took a.second-hand car belonging to McKeith and, with his wife,‘drove to La Crosse. Upon his return; while driving through the city of Onalaska, after dark, about 7:15 o’clock in the evening, his car struck the plaintiff, causing personal injuries.

The principal issue litigated upon the trial was whether Jenks was acting as the agent of McKeith. The court was of the opinion that the evidence did not…