Webster v. Corcoran Bros.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action for a personal injury. The evidence, which was competent and material under the proceedings, established, or tended to establish, this: Into a public alleyway on which a barn abutted, on the 11th day of August, 1911, defendant’s servants drove a team of horses drawing a wagon loaded with sacks of oats. The purpose was to unload the grain into the barn.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action for a personal injury. The evidence, which was competent and material under the proceedings, established, or tended to establish, this: Into a public alleyway on which a barn abutted, on the 11th day of August, 1911, defendant’s servants drove a team of horses drawing a wagon loaded with sacks of oats. The purpose was to unload the grain into the barn. The wagon was located alongside the building and operations commenced by means of a block and tackle. The appliance was so attached and…
1Opinion of the CourtMaRshalu, J.
Counsel for appellant present several matters for consideration which seem beside the case. A recovery was neither sought nor obtained upon the ground that the relation of master and servant existed between plaintiff and defendant when the former was injured. The law in respect to .liability to a volunteer has no application, nor has liability of a master for the consequences of an act of his servant outside the scope of his employment, as by engaging some one to help him without authority, express or implied, to do so.
*579The question presented does not seem -to involve serious difficulties. It…
2Cases cited2 opinions
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
- Secard v. Rhinelander Lighting Co.Wisconsin Supreme Court · 1912
3Cited by9 opinions
- Flood v. Pabst Brewing Co.Wisconsin Supreme Court · 1914
- Ruka v. ZiererWisconsin Supreme Court · 1928
- Coffey v. Oscar Mayer & Co.Wisconsin Supreme Court · 1948
- Burroughs v. Pacific Telephone & Telegraph Co.Oregon Supreme Court · 1923
- Fiel v. City of RacineWisconsin Supreme Court · 1930
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