Yahnke v. Lange
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. This is an action brought in the civil court of Milwaukee county to recover damages resulting from a collision of an automobile, owned by defendants and appellants and driven by appellant W. W. Lange, with a milk wagon belonging to the plaintiff. It was tried by the court without a jury.
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Appeal from an order of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. This is an action brought in the civil court of Milwaukee county to recover damages resulting from a collision of an automobile, owned by defendants and appellants and driven by appellant W. W. Lange, with a milk wagon belonging to the plaintiff. It was tried by the court without a jury. The evidence shows that between 1 and 2 o’clock in the morning of August 4, 1916, plaintiff’s milk wagon was proceeding in a southwesterly direction on Kinnickinnic avenue in the city of Milwaukee. Somewhere…
1Opinion of the CourtOwen, J.
The civil court acquitted the defendants, and convicted the plaintiff, of negligence, although the undisputed evidence showed that both were violating the law. Concededly the defendant W. W. Lcmge was driving the automobile owned by defendants on the streets of Milwaukee, at night, with only dim sidelights functioning, too fast to enable him to bring the automobile to- a stop within the distance ahead that he could, with the aid of such lights and the lights from other sources, see an object the size of a person, as the law requires. Sec. 1636 — 52, Stats. He was *515held free from negligence.…
2Cases cited8 opinions
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