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URBAN v. BADGER STATE MUT. CASUALTY CO.

Nos. 155, 156.

44 Wis.2d 354 (1969)

171 N.W.2d 422

URBAN and husband, Plaintiffs and Respondents, v. BADGER STATE MUTUAL CASUALTY COMPANY and others, Defendants and Respondents: CHARLES MAIER & SON COMPANY, Impleaded Defendant and Appellant. BORMANN, Individually and as Administratrix, Plaintiff and Respondent, v. MOORE and others, Defendants and Respondents: CHARLES MAIER & SON COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided October 28, 1969.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Arnold, Murray & O'Neill of Milwaukee, and oral argument by James T. Murray.

For the plaintiffs-respondents there was a brief by Ray T. McCann of Milwaukee, for Betty M. Urban and Earle H. Urban, and by Dahms & Brewer of Oconomowoc, for Betty L. Bormann, individually and as administratrix, attorneys, and Leonard L. Loeb of Milwaukee of counsel, and oral argument by Mr. McCann and Mr. Hilbert W. Dahms.

HANLEY, J.

Two issues are presented on this appeal:

(1) Did the trial court err in not holding as a matter of law that Moore's conduct was not actuated by a purpose to benefit his employer; and

(2) Did the trial court err in not holding as a matter of law that Moore's conduct occurred too far beyond the authorized time limits to be within the scope of his employment?

Intent of Employee.

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