Brown v. Haertel
| Decision Date | 11 October 1932 |
| Citation | 210 Wis. 354,244 N.W. 633 |
| Parties | BROWN v. HAERTEL ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from a judgment of the Circuit Court for Marathon County; A. H. Reid, Circuit Judge. Reversed.
Action commenced on the 4th day of December, 1931, by John Brown against Henry Haertel and Henry Haertel Service, Inc., a corporation, to recover damages to an automobile. From a judgment entered in favor of the plaintiff and against the defendants on the 31st day of December, 1931, the defendants appeal.Fisher, Cashin & Reinholdt, of Stevens Point, for appellants.
Stone & Park, of Wausau (Goggins, Brazeau & Graves, of Wisconsin Rapids, of counsel), for respondent.
This is a companion case to that of Marion Brown against the same defendants, 244 N. W. 630, decided herewith. John Brown was the owner of the car which was being driven by his wife, Marion Brown. He brings this action to recover damages sustained by his automobile as a result of the collision. While the record does not disclose tangible evidence from which it can be determined whether the car was driven by Marion Brown upon his business so that, while driving the car, she was acting as his agent, upon the doctrine of Enea v. Pfister, 180 Wis. 329, 192 N. W. 1018, it must be so held. Her negligence is therefore imputed to him, and this case must take the same course as that of Marion Brown.
Judgment reversed, and cause remanded for a new trial.
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Bielski v. Schulze
...he is entitled. Likewise, we point out that sec. 331.045, Stats., has no application to the doctrine of contribution. Brown v. Haertel (1933), 210 Wis. 354, 244 N.W. 633, 246 N.W. 691; Zurn v. Whatley (1933), 213 Wis. 365, 251 N.W. 435. The right of one tortfeasor to contribution is not bar......
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D.L. by Friederichs v. Huebner
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...who has paid more than his just share of such a loss. The right is founded upon principles of equity and natural justice. Brown v. Haertel, 210 Wis. 354, 244 N. W. 633, 246 N. W. 691. It is a liability which the law has imposed upon the joint tort-feasors because of the circumstances in whi......
- Brown v. Haertel