Legal Opinion

Wagner v. Larsen

Wisconsin Supreme Court

Decided April 5, 1921PublishedCited by 20 opinions

Appeal from a judgment of the circuit court for Brown county: Henry Graass, Circuit Judge. This is an action to recover damages inflicted upon the person and automobile of plaintiff by reason of a collision with a coal sleigh in the city of Green Bay. The defendant, Larsen, is engaged in several industrial businesses in the city of Green Bay, in which, from A.pril to November, he has use for a number of teams and drivers.

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Appeal from a judgment of the circuit court for Brown county: Henry Graass, Circuit Judge. This is an action to recover damages inflicted upon the person and automobile of plaintiff by reason of a collision with a coal sleigh in the city of Green Bay. The defendant, Larsen, is engaged in several industrial businesses in the city of Green Bay, in which, from A.pril to November, he has use for a number of teams and drivers. During the winter months his regular work does not furnish employment for such teams and drivers and, in order to keep his organization intact, he hires his teams, drivers,…

1Opinion of the CourtOwen, J.

It is strenuously argued on the part of the appellant that the, plaintiff was guilty of contributory negligence. Diagrams are presented and distances are delineated thereon to indicate that the plaintiff could have seen defendant approaching when he was upwards of 200 feet east- of Madison street, the conclusion being that had he exercised care he'would have seen the approaching .team and avoided the accident. There is no -evidence that the plaintiff was driving at an excessive rate of speed. There is evidence *29from which the jury might have found that he was traveling where he had a right to…

2Cases cited10 opinions

  1. Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
  2. Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
  3. Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
  4. Joslin v. Grand Rapids Ice Co.Michigan Supreme Court · 1883
  5. Cayll v. Waukesha Gas & Electric Co.Wisconsin Supreme Court · 1920

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3Cited by20 opinions

  1. Nepstad v. LambertSupreme Court of Minnesota · 1951
  2. O'Brien v. RindskopfSupreme Court of Missouri · 1934
  3. Entremont v. WhitsellCalifornia Supreme Court · 1939
  4. Babbitt v. SayOhio Supreme Court · 1929
  5. United States v. La Tuff Transfer Service, Inc.District Court, D. Minnesota · 1950

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