Haswell v. Reuter
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Dane county: August C. Hoppmann, Judge. Action to recover damages to plaintiff’s automobile sustained in a collision with defendant’s truck at the intersection of Regent and South Park streets in the city of Madison, January 26, 1919. Plaintiff charges ordinary negligence in one count and gross negligence in another count of the complaint.
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Appeal from a judgment of the superior court of Dane county: August C. Hoppmann, Judge. Action to recover damages to plaintiff’s automobile sustained in a collision with defendant’s truck at the intersection of Regent and South Park streets in the city of Madison, January 26, 1919. Plaintiff charges ordinary negligence in one count and gross negligence in another count of the complaint. The defendant answered and counterclaimed for damages to his truck, alleging separately both ordinary and gross negligence on the part of the plaintiff. At the close of the evidence the court granted…
1Opinion of the CourtVinje, J.
Did the court err in dismissing plaintiff’s second cause of action based upon the alleged gross negligence of Sanders ? It is true that the trial court gave as a reason for dismissing it that no ratification of Sanders’s, conduct was shown. While it is not essential in order to render -a defendant liable that there should be a ratification on his part of gross negligence committed by his servant while in the course of his employment (Craker v. C. & N. W. R. Co. 36 Wis. 657, 668; Schaefer v. Osterbrink, 67 Wis. 495, 30 N. W. 922; Bergman v. Hendrickson, 106 Wis. 434, 82 N. W. 304; Johnston v.…
2Cases cited12 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Bergman v. HendricksonWisconsin Supreme Court · 1900
- Steinkrause v. EcksteinWisconsin Supreme Court · 1920
- Johnston v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. AllesWisconsin Supreme Court · 1982
- State v. HerringtonWisconsin Supreme Court · 1969
- Wintersberger v. Pioneer Iron & Metal Co.Wisconsin Supreme Court · 1959
- Heintz v. SchenckWisconsin Supreme Court · 1922
- State v. WurtzCourt of Appeals of Wisconsin · 1987
4 more not listed; retrieve them via the Exa API.