Legal Opinion · Dissent

June Gilbertson v. Clifford De Long and Carolina Casualty Company, and Mutual Service Casualty Company

Court of Appeals for the Seventh Circuit

Decided April 26, 1962No. 13548Published

1DissentSwygert, Circuit Judge

In Archer v. Chicago, M., St. P. & P. Ry. Co., 215 Wis. 509, 255 N.W. 67, 95 A.L.R. 851, the Wisconsin Supreme Court held that the negligence of an agent which is imputed to a principal will not bar the principal from recovering against the agent. In Klas v. Fenske, 248 Wis. 534, 22 N.W.2d 596, 601, the court said:

*286“In this connection it is pointed out that as between the members of a joint enterprise the doctrine of imputed negligence has no application. Ordinary negligence on the part of a member of a joint enterprise resulting in injury to the other member renders him liable for the injury.”

2Cases cited4 opinions

  1. Archer v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1934
  2. Klas v. FenskeWisconsin Supreme Court · 1946
  3. Employers Mutual Fire Insurance v. HauckeWisconsin Supreme Court · 1954
  4. Johnsen v. PierceWisconsin Supreme Court · 1952

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