Turtenwald v. Wisconsin Lakes Ice & Cartage Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Laweewoe W. TIalsey, Circuit Judge. Action for damages for a personal injury.
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Appeal from a judgment of the circuit court for Milwaukee county: Laweewoe W. TIalsey, Circuit Judge. Action for damages for a personal injury. The claim of plaintiff was that September 25, 1900, he was working on Grand avenue between Twentieth and Twenty-First streets in the city of Milwaukee as a street cleaner; that while on the south side of the avenue and so circumstanced as to pay attention to teams traveling east, and not expecting one going west to be using that side of the street, the north side being the proper way for such teams, defendant’s servant, in charge of one of its ice…
1Opinion of the CourtMarshall, J.
The complaint admits of a construction charging defendant with being guilty of a greater wrong than mere failure to exercise ordinary care, — with actual intent on the part of the driver, or that disregard for the safety of persons lawfully in the street amounting to the same thing, to drive the team upon appellant, and that defendant is answerable for the wrong. There are some indications that such was the purpose of the pleader. Counsel ex industria proved that the teamster was kept in respondent’s employ for some two years after the accident and not discharged on account thereof. While the…
2Cases cited3 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Wilson v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1904
3Cited by18 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Bentson v. BrownWisconsin Supreme Court · 1925
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
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