Linden v. City Car Co.

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtWICKHEM
Citation300 N.W. 925,239 Wis. 236
Decision Date02 December 1941
PartiesLINDEN v. CITY CAR CO.

239 Wis. 236
300 N.W. 925

LINDEN
v.
CITY CAR CO.

Supreme Court of Wisconsin.

Dec. 2, 1941.


Appeal from an order of the Circuit Court for Dane County; Alvin C. Reis, Judge.

Reversed.

Action by Clarence Linden, plaintiff, against City Car Company, a corporation, defendant, to recover damages sustained by plaintiff as a result of an assault and battery upon plaintiff by an agent of defendant.

The complaint alleges that plaintiff, a redcap in the employ of the Chicago & Northwestern Railway Company was, on November 10, 1940, engaged in handling personal baggage of passengers on the railroad and particularly in escorting a woman passenger from the station to the taxi-cab stand to obtain a taxi-cab for her transportation from the station. Plaintiff further alleges that he approached a certain taxi-cab owned and operated by defendant and in charge of an employee named Kilgore; that the passenger, for the reason that the taxi-cab was already occupied, refused to enter it and directed the plaintiff to an adjoining cab; that while plaintiff was in the process of moving said passenger and her luggage to the other taxi-cab, Kilgore, enraged over the refusal of the passenger to ride in his cab, assaulted and beat plaintiff, whereby plaintiff sustained serious personal injuries.

The complaint further alleges that defendant and other taxi-cab companies are engaged in vigorous competition in the city of Madison and especially in the vicinity of the Chicago & Northwestern Railway Company, and for a long time prior thereto permitted drivers, agents and employees actively to solicit business. On information and belief it is alleged that defendant maintained such a meagre scale of wages and other payments as to directly

[300 N.W. 926]

cause the employees to enter into active competition for business in order to make a livelihood; that defendant had been a leader in promoting reduction of taxi-cab rates and in stimulating competitive activities of drivers.

Plaintiff further alleges that defendant, in the exercise of ordinary care knew, or should have known, that Kilgore, by reason of a former criminal record and previous conduct, temper and disposition, was a person likely to create an affray or breach of the peace.

To this complaint defendant filed a general demurrer which the trial court, by the order appealed from, overruled. In its memorandum the trial court was of the view that, except for those paragraphs of the complaint reciting the competitive policy of defendant and the inciting of employees to actively compete for business, together with the paragraph alleging that defendant knew or should have known of the unfitness of...

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19 practice notes
  • Hibma v. Odegaard, Nos. 84-1137
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 30 Julio 1985
    ...purpose of his own, or whether he was actuated by an intent to carry out his employment and to serve his master." Linden v. City Car Co., 239 Wis. 236, 239, 300 N.W. 925, 926 (1941) (emphasis added) (citations omitted). The Wisconsin Supreme Court adds that, " '[i]f the agent or servant .........
  • Bell v. City of Milwaukee, Civ. A. No. 79-C-927.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Eastern District of Wisconsin
    • 30 Marzo 1982
    ...that bad faith may be relevant to the determination of whether an employee was within the scope of employment. See Linden v. City Car Co., 239 Wis. 236, 238-39, 300 N.W. 925 (1941). However, the Wisconsin Supreme Court has noted that "the scope of employment has also been defined to include......
  • Jansen v. Packaging Corp. of America, Nos. 95-3128
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 15 Mayo 1996
    ...the employer may not be held liable under the doctrine of respondeat superior. Hibma, 769 F.2d at 1168 (quoting Linden v. City Car Co., 239 Wis. 236, 239, 300 N.W. 925 In addition to broadening the meaning of "scope of employment," Judge Wood's analysis of respondeat superior liability for ......
  • Hunter v. Board of Educ. of Montgomery County, No. 32
    • United States
    • Court of Appeals of Maryland
    • 7 Enero 1982
    ...v. Hotel Rueger, 195 Va. 980, 81 S.E.2d 421, 424 (1954); Brazier v. Betts, 8 Wash.2d 549, 113 P.2d 34, 39 (1941); Linden v. City Car. Co., 239 Wis. 236, 300 N.W. 925, 926 (1941). Where, as here, it is alleged that the individual educators have wilfully and maliciously acted to injure a stud......
  • Request a trial to view additional results
19 cases
  • Hibma v. Odegaard, Nos. 84-1137
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 30 Julio 1985
    ...purpose of his own, or whether he was actuated by an intent to carry out his employment and to serve his master." Linden v. City Car Co., 239 Wis. 236, 239, 300 N.W. 925, 926 (1941) (emphasis added) (citations omitted). The Wisconsin Supreme Court adds that, " '[i]f the agent or servant .........
  • Bell v. City of Milwaukee, Civ. A. No. 79-C-927.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Eastern District of Wisconsin
    • 30 Marzo 1982
    ...that bad faith may be relevant to the determination of whether an employee was within the scope of employment. See Linden v. City Car Co., 239 Wis. 236, 238-39, 300 N.W. 925 (1941). However, the Wisconsin Supreme Court has noted that "the scope of employment has also been defined to include......
  • Jansen v. Packaging Corp. of America, Nos. 95-3128
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 15 Mayo 1996
    ...the employer may not be held liable under the doctrine of respondeat superior. Hibma, 769 F.2d at 1168 (quoting Linden v. City Car Co., 239 Wis. 236, 239, 300 N.W. 925 In addition to broadening the meaning of "scope of employment," Judge Wood's analysis of respondeat superior liability for ......
  • Hunter v. Board of Educ. of Montgomery County, No. 32
    • United States
    • Court of Appeals of Maryland
    • 7 Enero 1982
    ...v. Hotel Rueger, 195 Va. 980, 81 S.E.2d 421, 424 (1954); Brazier v. Betts, 8 Wash.2d 549, 113 P.2d 34, 39 (1941); Linden v. City Car. Co., 239 Wis. 236, 300 N.W. 925, 926 (1941). Where, as here, it is alleged that the individual educators have wilfully and maliciously acted to injure a stud......
  • Request a trial to view additional results

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