Ohlweiler v. Lohmann
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, in effect, that the defendants were copartners engaged in the livery business at Milwaukee; that October 10,1889, the plaintiff hired and received from the defendants, as such copartners, a certain black mare and express wagon, to drive upon a short journey; that without the knowledge of the plaintiff the mare had for a long time been unsafe and dangerous' to drive in harness, and of vicious…
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APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, in effect, that the defendants were copartners engaged in the livery business at Milwaukee; that October 10,1889, the plaintiff hired and received from the defendants, as such copartners, a certain black mare and express wagon, to drive upon a short journey; that without the knowledge of the plaintiff the mare had for a long time been unsafe and dangerous' to drive in harness, and of vicious disposition and habit, and accustomed to kick in the harness, as the defendants well knew; that the defendants wrongfully…
1Opinion of the Court
Oassodatj J.
It is conceded that the mare was hired of the defendants by the plaintiff to drive, and that while he was driving her she kicked and badly injured him. A recovery of damages is sought on the ground that at the time of letting the mare the defendants negligently failed to fully and truly inform the plaintiff as to her known vicious habits. The simple issue thus presented was complicated to a considerable extent by submitting to the jury ten several questions respecting the same. Five of these relate to the habits of the mare when being driven with the lines, or one of them, under…
2Cases cited4 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Hoye v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1887
- Ohlweiler v. LohmannWisconsin Supreme Court · 1892
3Cited by5 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Patnode v. WestenhaverWisconsin Supreme Court · 1902
- Cullen v. HanischWisconsin Supreme Court · 1902
- Vaningan v. MuellerWisconsin Supreme Court · 1932