Davis v. Dregne
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Vernon county: J. J. Eeuit, Circuit Judge. Tbis is an action to recover damages for personal injuries sustained by tbe plaintiff by reason of being struck by a team belonging to tbe defendant John 8. Dregne, and being driven by bis son, tbe defendant Sylvester Dregne, at a street crossing in Viroqua about seven o’clock on tbe evening of February 22, 1902. Issue being joined and trial bad, tbe jury, at tbe close thereof,…
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Appeal from a judgment of tbe circuit court for Vernon county: J. J. Eeuit, Circuit Judge. Tbis is an action to recover damages for personal injuries sustained by tbe plaintiff by reason of being struck by a team belonging to tbe defendant John 8. Dregne, and being driven by bis son, tbe defendant Sylvester Dregne, at a street crossing in Viroqua about seven o’clock on tbe evening of February 22, 1902. Issue being joined and trial bad, tbe jury, at tbe close thereof, returned a special verdict to tbe effect (1) tbat tbe defendant Sylvester was tbe servant of tbe defendant John S. on February…
1Opinion of the Court
Cassoday, O. J.
1. It is claimed tbat tbe evidence is insufficient to support tbe findings of tbe jury to tbe effect tbat tbe defendant Sylvester was tbe servant of bis father at tbe time of tbe injury, and tbat be was acting at tbe time witbin tbe scope of bis employment, and 'hence tbat a nonsuit should have been granted in favor of tbe defendant John S. Dregne. Tbe evidence in support of such findings is mostly circumstantial. Sylvester was twenty-two years of age at tbe time, unmarried, and lived at bis father’s bouse, and voluntarily did some work about tbe farm, but ^received no wages,…
2Cases cited6 opinions
- Baker v. StateWisconsin Supreme Court · 1894
- Renne v. United States Leather Co.Wisconsin Supreme Court · 1900
- Lowe v. StateWisconsin Supreme Court · 1903
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
- Owen v. LongWisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hiroux v. BaumWisconsin Supreme Court · 1908
- State v. RidgeSupreme Court of Kansas · 1935