Winkler v. Fisher
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-paca county: Chas. M. Webb, Circuit Judge. Action for personal injury alleged to have been inflicted upon plaintiff by a servant of defendant.
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Appeal from a judgment of the circuit court for Wau-paca county: Chas. M. Webb, Circuit Judge. Action for personal injury alleged to have been inflicted upon plaintiff by a servant of defendant. William Usher, a son of defendant, about sixteen years old, with a boy by the name of Bert Seeber, on or about the 19th day of August, 1894, while on a hunting expedition, stopped at the residence of a Mr. Mack, for the purpose of procuring a string with which to tie together some squirrels they had killed. Several persons were sitting on the steps of the porch, and plaintiff was sitting on a barrel…
1Opinion of the CourtMaRshall, J.
The master is liable for the negligent acts of his servant within the scope of the latter’s employment. If the servant steps aside, however, from his master’s business, though but temporarily, to do some act outside the business of his master, the relation of master and servant during such time is suspended; and, whatever the latter does during such time, the consequences are not chargeable to the former. 14 Am. & Eng. Ency. of Law, 809. That sufficiently states the law applicable to this case, and the jury was so substantially instructed by the court. Under such instructions, on the…
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