Firemen's Fund Insurance v. Schreiber
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover of a bailee for the wrongful act of his servant while in the line of duty. Plaintiff insured one Schleisinger against damage to his automobile, while in use. The machine was kept in defendant’s garage, he receiving $2Q per month for housing and care.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover of a bailee for the wrongful act of his servant while in the line of duty. Plaintiff insured one Schleisinger against damage to his automobile, while in use. The machine was kept in defendant’s garage, he receiving $2Q per month for housing and care. He had in his employ one Elynn whose duty it was to be at the garage at 6 o’clock p. m., — the time for the day attendants to quit work, — and stay through the evening and into the night so long as necessary to do the work of washing…
1Opinion of the Court
The following opinions were filed April 3, 1912:
Maeshall, J.
At first impulse one might say that, in the •circumstances of this case, the plaintiff ought to recover. A hasty decision might so lead. That is evident from the summary manner of the disposition below. However, upon reflection it would occur, as it seems, that the case is to be ruled by settled principles, not by mere impulsive thought as to what is right and what is wrong. Further thought and it would occur that the law as to such a situation must have been settled along reasonable and practicable lines, consistent with the…
2Cases cited18 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
- Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910
- Stone v. HillsSupreme Court of Connecticut · 1877
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3Cited by36 opinions
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- Oman v. United StatesCourt of Appeals for the Tenth Circuit · 1949
- Gomez v. Great Atlantic & Pacific Tea Co.Court of Appeals of Georgia · 1934
- Seidl v. KnopWisconsin Supreme Court · 1921
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