Gerald Edlebeck v. Clarence Hooten

Appeal by the defendants Robert Hooten and his insurer Home Mutual Insurance Company from an order denying their motion for
summary judgment dismissing the action. The plaintiff, a ten-year-old minor, and his father Vincent Edlebeck sued to recover damages for injuries sustained by the
minor child, a passenger in an automobile driven by Mrs. Amie LaCoy, and for medical expenses incurred by the father. The
accident happened on November 21, 1961, on a town road two miles northeast of Wausaukee, Wisconsin, when an automobile operated
by the defendant Clarence Hooten in which the defendant Robert Hooten was a passenger collided with the LaCoy car. The complaint
alleges Robert Hooten and Clarence Hooten were engaged in a joint enterprise and by reason thereof the negligence of Clarence
was imputed to Robert. The answer denies a joint enterprise and alleges as a separate defense that Clarence and Robert and
a brother Clifford went deer hunting for pleasure and were returning at the time of the accident, that Clarence was driving
his wife's car, paid the expenses thereof, and each of the brothers carried his own lunch and was on his own.