Legal Opinion

Lightfoot v. Winnebago Traction Co.

Wisconsin Supreme Court

Decided January 10, 1905PublishedCited by 11 opinions

Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover damages for personal injury sustained by tbe plaintiff about 3 o’clock' in tbe afternoon of September 23, 1902, while riding in a single carriage, drawn by one horse, driven by her companion, by reason of coming in collision with one of tbe defendant’s street cars.

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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover damages for personal injury sustained by tbe plaintiff about 3 o’clock' in tbe afternoon of September 23, 1902, while riding in a single carriage, drawn by one horse, driven by her companion, by reason of coming in collision with one of tbe defendant’s street cars. It appears and is undisputed that Main street runs north and south in Oshkosh; that the defendant’s track is in that street at the place of collision, and for at least one block north and one block south of…

1Opinion of the Court

Oassoday, O. J.

Tbe verdict seems to b,e supported by evidence. Tbe question for consideration is whether there was any reversible error upon tbe trial.

1. One of tbe questions in controversy was whether there was contributory negligence on tbe part of tbe plaintiff, in failing to see tbe coming car in time to avoid driving onto the track immediately in front of it. Tbe evidence on tbe part of tbe plaintiff tended to prove tbat as she and her companion moved north on tbe east side of Main street, toward tbe place of collision, as stated, they drove immediately behind a largo wood wagon loaded…

2Cases cited6 opinions

  1. Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
  2. Lowe v. RingWisconsin Supreme Court · 1904
  3. Boyce v. Wilbur Lumber Co.Wisconsin Supreme Court · 1903
  4. Otis v. Town of JanesvilleWisconsin Supreme Court · 1879
  5. Olson v. Town of LuckWisconsin Supreme Court · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
  2. Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  3. Beard v. KlusmeierCourt of Appeals of Kentucky · 1914
  4. Reiter v. GroberWisconsin Supreme Court · 1921
  5. Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907

6 more not listed; retrieve them via the Exa API.

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