Kumba v. Gilham
Wisconsin Supreme Court
ERROR to review a judgment of the circuit court for Marathon county: Chas. Y. Bardeen, Circuit Judge. The defendant on a "Wednesday or Thursday in November hired from a liveryman a team to send for his daughter, ashing for a quiet team as he wanted to send his son, about fourteen years old. He at the same time notified the liveryman that he should want a team on Sunday to take his daughter back to her school. The son went, and brought home his sister.
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ERROR to review a judgment of the circuit court for Marathon county: Chas. Y. Bardeen, Circuit Judge. The defendant on a "Wednesday or Thursday in November hired from a liveryman a team to send for his daughter, ashing for a quiet team as he wanted to send his son, about fourteen years old. He at the same time notified the liveryman that he should want a team on Sunday to take his daughter back to her school. The son went, and brought home his sister. On Saturday the father telephoned the liveryman that he would not send his son back with the sister, as it was too cold, but would go himself,…
1Opinion of the CourtDodge, J.
1. The primary question of law here presented is whether the defendant is liable for the acts of his son* assuming them to be negligent. As to this question the facts are without dispute. The law is well settled that no general liability of the father for torts of a minor son exists. Such liability in general results only from the rule of re-spondeat superior when the fact of agency for the father is proved, and no presumption of agency results from the domestic relationship. 17 Am. & Eng. Ency. of Law, 392; Schouler, Dom. Rel. § 263; Schaefer v. Osterbrink, 67 Wis. 495; Winkler v. Fisher, 95…
2Cases cited5 opinions
- Hoverson v. NokerWisconsin Supreme Court · 1884
- Schaefer v. OsterbrinkWisconsin Supreme Court · 1886
- Winkler v. FisherWisconsin Supreme Court · 1897
- Heath v. PaulWisconsin Supreme Court · 1892
- Nichols v. Inhabitants of AthensSupreme Judicial Court of Maine · 1877
3Cited by11 opinions
- Birch v. AbercrombieWashington Supreme Court · 1913
- Parker v. WilsonSupreme Court of Alabama · 1912
- Reyes v. Greatway Insurance Co.Wisconsin Supreme Court · 1999
- Crossett v. GoelzerWisconsin Supreme Court · 1922
- Hiroux v. BaumWisconsin Supreme Court · 1908
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