Canning v. Chicago & Milwaukee Electric Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tubwee, Circuit Judge. Action begun in the civil court to recover damages for personal injuries. About 5 o’clock in the afternoon of February 13, 1914, plaintiff was injured by being struck by one of defendant’s street cars while crossing Fifth street between Grand avenue and Wells street. Plaintiff was driving a two-horse express wagon.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tubwee, Circuit Judge. Action begun in the civil court to recover damages for personal injuries. About 5 o’clock in the afternoon of February 13, 1914, plaintiff was injured by being struck by one of defendant’s street cars while crossing Fifth street between Grand avenue and Wells street. Plaintiff was driving a two-horse express wagon. He stopped at Skiles bakery in the alley between Grand avenue and Wells street to load some bread boxes. He then drove out of the alley from the east and started to cross Fifth street to…
1Opinion of the Court
The following opinion-was filed April 11, 1916:
Vinje, J.
Error is assigned because the.special verdict did not properly submit the issue of defendant’s negligence to the jury. The fifth question covers that issue properly and is in form substantially as proposed by the defendant. It finds a want of ordinary care on the part of the motorman under the circumstances shown by the evidence. It is a verity that the car ran into the plaintiff. By negativing gross negligence the jury found that the motorman did not wilfully run into him. The collision, therefore, occurred through inadvertence on the…
2Cited by3 opinions
- Wright v. Des Moines Railway Co.Supreme Court of Iowa · 1941
- Dering v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1920
- Markham v. HipkeWisconsin Supreme Court · 1919