Lloyd v. Pugh
Wisconsin Supreme Court
• Appeal from a judgment of the circuit court for Racine county: E. U. Beldeh, Circuit Judge. This is an action to recover damages for personal injuries sustained by the plaintiff by reason of a collision between a single buggy in which she was riding and the tongue of a coal wagon. The jury found the defendant negligent and the plaintiff free from contributory negligence and assessed plaintiff’s damages at $500. From a judgment entered on this verdict defendant appeals.
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• Appeal from a judgment of the circuit court for Racine county: E. U. Beldeh, Circuit Judge. This is an action to recover damages for personal injuries sustained by the plaintiff by reason of a collision between a single buggy in which she was riding and the tongue of a coal wagon. The jury found the defendant negligent and the plaintiff free from contributory negligence and assessed plaintiff’s damages at $500. From a judgment entered on this verdict defendant appeals. The defendant contends that the court should have held as a matter of law that defendant was not negligent and that…
1Opinion of the CourtBarnes, J.
Travelers on our higlrways haA'e mutual rights and OAve mutual obligations to one another. One of those obligations is to use ordinary care to prevent collisions. When a collision does occur, it will not do to hold one party to a high degree of care and exempt the other from exercising any degree of care whatever. We have no statute per*445mitting the injured party to secure a partial recovery where .neither party exercises ordinary care. Failnre on the part of the injured party to exercise such care is contributory negli.gence which defeats recovery where such failure is the proximate cause of…
2Cases cited5 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Griswold v. CampWisconsin Supreme Court · 1912
- Walker v. Village of OntarioWisconsin Supreme Court · 1901
- Welch v. Town of GenevaWisconsin Supreme Court · 1901
3Cited by7 opinions
- Olson v. RatzelCourt of Appeals of Wisconsin · 1979
- Kalkopf v. Donald Sales & Manufacturing Co.Wisconsin Supreme Court · 1967
- Yahnke v. LangeWisconsin Supreme Court · 1919
- Pettijohn v. WeedeSupreme Court of Iowa · 1929
- Fenske v. Kramp Construction Co.Wisconsin Supreme Court · 1932
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