Schmidt v. Wisconsin Sugar Co.
Wisconsin Supreme Court
'Appeal from an order of the circuit court for. Milwaukee county: Gustave G. Gei-irz, Circuit Judge. The plaintiff was the mother and subsequently appointed administratrix of the estate of one Fred S. Schmidt, who was on June 21, 1919, just under twelve years of age and on that day killed by a collision between an automobile he was then driving and a passenger train on a highway in Milwaukee county.
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'Appeal from an order of the circuit court for. Milwaukee county: Gustave G. Gei-irz, Circuit Judge. The plaintiff was the mother and subsequently appointed administratrix of the estate of one Fred S. Schmidt, who was on June 21, 1919, just under twelve years of age and on that day killed by a collision between an automobile he was then driving and a passenger train on a highway in Milwaukee county. The defendant Walter Schmidt is administrator of the estate of one John Schmidt, deceased, who was in the automobile at the same time, but such defendant is not concerned with this appeal. The…
1DissentOwen, J.
I think the complaint sufficiently alleges that Fred S. Schmidt was employed by the Wisconsin Sugar Company to act as chauffeur for John Schmidt, an employee of the Wisconsin Sugar Company, whose employment by the company required the use of an automobile which, together with the chauffeur, was furnished by the company, and the only question arising is whether the employment is dangerous to life or limb. If so, it is condemned by sec. 1728a,-Stats,, and the employer is liable for the damages proximately resulting from such employment.
It is held in the opinion of the court that service as…
2Cases cited1 opinion
- Van de Zande v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1919