Heims v. Hanke
Wisconsin Supreme Court
93 N.W.2d 455 (1958)
- Written by Haley Gintis, JD
Facts
In April 1954, Hanke (defendant) and his 16-year-old nephew, William, were washing Hanke’s car. Although Hanke was not paying William for his assistance, William obeyed Hanke’s instructions to carry water from the outdoor faucet to the automobile. As William was carrying the water, some of the water spilled onto a public sidewalk. The water then froze because of the below-freezing temperature. When Hanke and William were finished cleaning the car, they left the area. Shortly after, Heims (plaintiff), slipped and fell on the frozen water while walking on the public sidewalk. Heims filed a suit against Hanke to recover for his personal injuries. The trial court found that both parties were negligent, but because Hanke’s negligence contributed to 90 percent of the total negligence, a verdict was entered for Heims. Hanke appealed on multiple grounds, including that the trial court erred in allowing William’s negligence to be imputed onto Hanke.
Rule of Law
Issue
Holding and Reasoning (Wingert, J.)
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