Gerretson v. Rambler Garage Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Lawrence W. ILalset, Circuit Judge. Tbis action was brought by tbe plaintiff, as administrator with tbe will annexed of tbe estate of Wilbelmina Gerretson, deceased, to recover upon two causes of action; one in favor of tbe estate of deceased, and tbe other in favor of tbe beneficiaries of said deceased under tbe death statute for tbe benefit of ber children on account of tbe negligence of the defendant.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Lawrence W. ILalset, Circuit Judge. Tbis action was brought by tbe plaintiff, as administrator with tbe will annexed of tbe estate of Wilbelmina Gerretson, deceased, to recover upon two causes of action; one in favor of tbe estate of deceased, and tbe other in favor of tbe beneficiaries of said deceased under tbe death statute for tbe benefit of ber children on account of tbe negligence of the defendant. Damages are claimed in tbe sum of $5,000 under tbe first cause of action and in tbe sum of $8,500 under tbe second cause of…
1Opinion of the CourtKeRwikt, J.
There is ample evidence to entitle the jury to find that the chauffeur so negligently operated the car as to cause the injury in question. Rut it is insisted by respondent that the directed verdict for defendant and judgment dismissing the complaint should be upheld for the following reasons: (1) that the chauffeur was the servant of W. E.. Gerretson, the hirer of the car; (2) that even though the chauffeur was the agent of defendant, still no negligence was shown, because the negligence of the chauffeur was not chargeable to defendant; and (3) that the contract between Gerretson and…
2Cases cited30 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
- Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
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3Cited by14 opinions
- Densby v. BartlettIllinois Supreme Court · 1925
- McNamara v. . LeipzigNew York Court of Appeals · 1919
- Frint Motor Car Co. v. Industrial CommissionWisconsin Supreme Court · 1919
- Meyers v. Tri-State Automobile Co.Supreme Court of Minnesota · 1913
- Wagner v. LarsenWisconsin Supreme Court · 1921
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