Kuhn v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscae. M. Eeitz, Circuit Judge. Personal injuries. Tbe plaintiff was injured at about 10 o’clock in the evening of March 5, 1913, by being struck by the outward swing of the rear end of a street car as.it was going around a curve at the corner of Brady street (which runs east and west) and Van Bufen street (which runs north and south) in the city of Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscae. M. Eeitz, Circuit Judge. Personal injuries. Tbe plaintiff was injured at about 10 o’clock in the evening of March 5, 1913, by being struck by the outward swing of the rear end of a street car as.it was going around a curve at the corner of Brady street (which runs east and west) and Van Bufen street (which runs north and south) in the city of Milwaukee. She was a woman in fair health, in possession of her faculties, who had resided more than twenty years in Milwaukee. She came to the southwest corner of Brady and Van…
1Opinion of the CourtWiNsnow, C. J.
The trial judge granted a nonsuit on-the express ground of contributory negligence. AVe are not-to be understood as expressing approval of this reason for the-ruling. The outward swing of the end of a long car like-the one in question when rounding the sharp curve at a street corner is quite surprising in extent to one who has not given the matter serious attention, and we should not wish to say *528that every person who knows there is some -outward swing-must be held guilty of contributory negligence because be underestimated its extent and thus found bimself struck when he thought himself safe.…
2Cases cited2 opinions
- Terrell v. Trimble CountyCourt of Appeals of Kentucky · 1908
- Widmer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Niles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Zalewski v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1935
- Ryan v. Milwaukee Northern Railway Co.Wisconsin Supreme Court · 1925
- French v. Princeton Power Co.West Virginia Supreme Court · 1924
- Hering v. City of DetroitMichigan Supreme Court · 1928
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