Thomas v. Lockwood Oil Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. Plaintiff, the father of Michael Thomas, a boy about thirteen years of age at the time of his death, was appointed administrator and brought this action against the defendant to recover damages for the death of said son. The defendant corporation was engaged in the business of selling gasoline and oil in the city of Racine. It used a number of automobile trucks for delivery purposes.
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Appeal from a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. Plaintiff, the father of Michael Thomas, a boy about thirteen years of age at the time of his death, was appointed administrator and brought this action against the defendant to recover damages for the death of said son. The defendant corporation was engaged in the business of selling gasoline and oil in the city of Racine. It used a number of automobile trucks for delivery purposes. On July 17, 1920, one such automobile truck was being operated by Arthur Finch, then about nineteen years old, having…
1Opinion of the Court
The following opinion was filed May 3, 1921:
Eschweiler, J.
Although error was committed in receiving, on defendant’s offer, portions of the deposition of Finch taken at plaintiff’s instance under sec. 4096, Stats., as we shall discuss later, nevertheless a consideration of his entire evidence satisfies us that it did not warrant the action of the court below.
To relieve a master from liability to third persons arising from a negligent act of the employee on such a ground as contended for by defendant here, the deviation from the master’s service must be so substantial as to amount to a…
2Cases cited22 opinions
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Healey v. CockrillSupreme Court of Arkansas · 1918
- Geiss v. Twin City Taxicab Co.Supreme Court of Minnesota · 1913
- Maloy v. Rosenbaum Co.Supreme Court of Pennsylvania · 1918
- McCarthy v. TimminsMassachusetts Supreme Judicial Court · 1901
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Olson v. ConnerlyWisconsin Supreme Court · 1990
- Seidl v. KnopWisconsin Supreme Court · 1921
- Heintz v. Iowa Packing Co.Supreme Court of Iowa · 1936
- Gulf Refining Co. v. Texarkana & Ft. S. Ry. Co.Court of Appeals of Texas · 1924
- Wisconsin Telephone Co. v. MatsonWisconsin Supreme Court · 1950
21 more not listed; retrieve them via the Exa API.