LOFY v. JOINT SCHOOL DIST.

No. 194.

42 Wis.2d 253 (1969)

166 N.W.2d 809

LOFY (PHYLLIS), Administratrix of the Estate of MATTHEW G. LOFY, and others, Plaintiffs and Appellants, v. JOINT SCHOOL DISTRICT No. 2, CITY OF CUMBERLAND, and others, Defendants and Respondents: TOFTNESS and others, Defendants and Third-Party Plaintiffs: CSUTI (formerly PHYLLIS LOFY), Special Administratrix, and others, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided April 1, 1969.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Daniel I. D'Amico of Cumberland.

For the respondents there was a brief by Wilcox & Wilcox of Eau Claire, and oral argument by Francis J. Wilcox.


BEILFUSS, J.

The issue is:

Is the school district liable for negligent operation of a bus contracted for with a licensed transportation company to transport students incidental to an extracurricular school activity?

To answer this question we determine whether the transportation company became an independent contractor and, if so, whether the duties of the district to third persons in the transportation of students to an extracurricular activity can...

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