Legal Opinion

Feyrer v. Durbrow

Wisconsin Supreme Court

Decided June 23, 1920PublishedCited by 12 opinions

Appeal from a judgment of the circuit court for Milwaukee county: 'Gustave G. Gei-irz, Circuit Judge. Plaintiff, a newsboy fourteen j^ears of age, was struck by an automobile driven by the defendant, and brings this action to recover damages. At about 5 o’clock in the evening of the 18th day.of November, 1918, defendant was driving west along Galena street in the city of Milwaukee. It was a dark,.damp, misty evening.

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Appeal from a judgment of the circuit court for Milwaukee county: 'Gustave G. Gei-irz, Circuit Judge. Plaintiff, a newsboy fourteen j^ears of age, was struck by an automobile driven by the defendant, and brings this action to recover damages. At about 5 o’clock in the evening of the 18th day.of November, 1918, defendant was driving west along Galena street in the city of Milwaukee. It was a dark,.damp, misty evening. About thirty-five feet east of the east crosswalk at the intersection of Galena and Fourteenth streets plaintiff attempted to hastily cross Galena street from north to south.…

1Opinion of the CourtOwen, J.

Notwithstanding what was said in Shortle vs Sheill, ante, p. 53, 178 N. W. 304, decided herewith, concerning the finality of the verdicts of juries in cases of this nature, we are convinced that the verdict and 'judgment in this case are unsupported by a scintilla of evidence. The general situation presented by the facts is a typical and familiar one. The driver of an automobile is proceeding along a street. A pedestrian heedlessly steps from the curb directly in the path of the automobile. They discover each other at about the same time. The driver of the automobile promptly applies his…

2Cases cited1 opinion

  1. Shortle v. SheillWisconsin Supreme Court · 1920

3Cited by12 opinions

  1. Brickell v. TreckerWisconsin Supreme Court · 1922
  2. First Wisconsin Trust Co. v. SchmidtWisconsin Supreme Court · 1921
  3. Quinn v. HartmannWisconsin Supreme Court · 1933
  4. Shore v. MinterSupreme Court of Minnesota · 1924
  5. Kloss v. American Indemnity Co.Wisconsin Supreme Court · 1948

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