149 Wis. 1 | Wis. | 1912
Tbe plaintiffs, suing for medical services performed upon one Richard Karge, bad a verdict finding that Charles King, tbe minor son of defendant, at tbe time of tbe accident in which Karge was injured bad general permission from bis father to run and operate bis father’s automobile,
The law relating to the agency of servants to bind the employer to pay for physicians or nurses in attendance upon persons injured by the negligence of such servants will be found in Adams v. Southern R. Co. 125 N. C. 565, 34 S. E. 642, 16 Am. & Eng. R. R. Cases, n. s., pp. 369 to 379, where the cases are collected. Also in Hanscom v. Minneapolis St. R. Co. 54 Am. & Eng. R. R. Cases, 226, 53 Minn. 119, 54 N. W. 944, 20 L. R. A. 695. The employment must have been of such nature that this act of the servant is reasonably within its scope, as in the case of a general superintendent of a railway company, general manager or agent, and by some authorities a railroad conductor. Terre Haute & I. R. Co. v. Stockwell, 118 Ind. 98, 20 N. E. 650; Louisville, E. & St. L. R. Co. v. McVay, 98 Ind. 391. These cases go largely upon the corporate character of the employer, the usual practice pursued, and the great exigency which arises in railroad disasters, and the dangerous character of the business. A mere chauffeur or automobile driver, in a town where the employer is known and can be readily reached by telephone or by other speedy and certain means of communication, would not ordinarily possess such authority. Neither would an infant son using his father’s ¿utomobile under like circumstances. This follows from the logic of the decisions in Baker v. Witten, 1 Okl. 160, 30 Pac. 491; Malone v. Robinson (Miss.) 12 South. 709; Holmes v. McAllister, 123 Mich. 493, 82 N. W. 220; Hiroux v. Baum, 137 Wis. 197, 118 N. W. 533; Kumba v. Gilham, 103 Wis. 312, 79 N. W. 325.
The conclusion of the trial court that the hoy had in law implied authority to employ physicians at the expense of his father was incorrect and the judgment must be reversed.
By the Gowrt. — Judgment reversed, and the cause remanded with directions to render judgment for defendant.