Legal Opinion

Covault v. Nevitt

Wisconsin Supreme Court

Decided May 1, 1914PublishedCited by 12 opinions

Appeal from an order of the circuit court for Winnebago county: Geo. W. BurNell, Circuit Judge. Action against an infant to recover for negligence of servant.

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Appeal from an order of the circuit court for Winnebago county: Geo. W. BurNell, Circuit Judge. Action against an infant to recover for negligence of servant. The complaint, among other things, alleges that the defendant, an infant, owned real estate on a public street in the city of Oshkosh upon which there was a store building abutting on the street; that the defendant maintained trap doors in the sidewalk opposite said premises; that defendant had in his employ one Powers, who was janitor of said store building and who used the trap doors as means of ingress and egress from the basement of…

1Opinion of the Court

Eurtber briefs were ordered by tbe court and were filed on March 16, 1914. The following opinion was filed May 1, 1914:

KeewiN, J.

Tbe question presented is whether an infant owner of property is liable respondeat superior for tbe negligent act of a person in tbe employment of tbe infant and in charge of such property where tbe infant in no way personally participated in such act. Tbe contention of counsel for appellant is that be is not liable, for tbe reason that be cannot appoint an agent, and that while be may be held for torts committed by himself be is not liable for tbe torts of one…

2Cases cited20 opinions

  1. King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
  2. Rice v. BoyerIndiana Supreme Court · 1886
  3. Mustard v. Wohlford's heirsSupreme Court of Virginia · 1859
  4. Price v. SandersIndiana Supreme Court · 1878
  5. McCarty v. CarterIllinois Supreme Court · 1868

15 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Woodson v. HareSupreme Court of Alabama · 1943
  2. Palmer v. MillerIllinois Supreme Court · 1942
  3. Schoenung v. GalletWisconsin Supreme Court · 1931
  4. Hodge v. Feiner Ex Rel. FeinerSupreme Court of Missouri · 1936
  5. Hoefer v. LastWisconsin Supreme Court · 1936

7 more not listed; retrieve them via the Exa API.

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