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MUELLER v. LUTHER

31 Wis.2d 220 (1966)

MUELLER, Incompetent, by Guardian, Plaintiff and Respondent, v. LUTHER and others, Defendants: GREEN GIANT COMPANY and another, Defendants and Appellants.

Supreme Court of Wisconsin.

June 7, 1966.

Attorney(s) appearing for the Case

For the appellants there were briefs by McLeod, Donohue & Colwin of Fond du Lac, and oral argument by Joseph D. Donohue.

For the respondent there was a brief by Hayes & Priebe of Ripon, and oral argument by William F. Hayes.

BEILFUSS, J.

The issues are: (1) Under the undisputed material facts was Timm an independent contractor as a matter of law; (2) were either Luther, Jr., or Luther, Sr., employees of Green Giant; (3) was the removal and hauling of corn silage over the highway an inherently dangerous act?

The affidavit of Green Giant in support of the motion incorporates a written contract signed by Green Giant and Timm covering the silage removal from the Green Giant canneries...

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