Wood v. Luscomb
Wisconsin Supreme Court
APPEAL from the Circuit Court for 'Milwaukee County. The plaintiff, while being conveyed in a buggy along Third street, in the city of Milwaukee, toward the south, met the defendant and his servant driving a horse and wagon toward the north; and she alleges that they negligently and wrongfully drove ,said horse and wagon to the left and west of the middle of the traveled part of said street, by reason whereof, without any fault on her part, the wagon and buggy collided, and…
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APPEAL from the Circuit Court for 'Milwaukee County. The plaintiff, while being conveyed in a buggy along Third street, in the city of Milwaukee, toward the south, met the defendant and his servant driving a horse and wagon toward the north; and she alleges that they negligently and wrongfully drove ,said horse and wagon to the left and west of the middle of the traveled part of said street, by reason whereof, without any fault on her part, the wagon and buggy collided, and she was thrown out and injured. The buggy, and the horse attached thereto, were in the possession of, and driven by and…
1Opinion of the CourtCole, J.
It is claimed that the plaintiff’s own evidence not only raised the presumption of negligence on her part, but established the fact that she did not exercise ordinary care in avoiding the collision; and, therefore, that the court should have granted the nonsuit. Put we think there was not sufficient evidence of negligence on the part of the plaintiff to warrant the court in withdrawing the case from the jury. It would be difficult to say upon the evidence, that proper and reasonable care was not used by the plaintiff and her driver to prevent the accident. And the fact that the jury found for…
2Cases cited1 opinion
- Creed v. . HartmannNew York Court of Appeals · 1864
3Cited by7 opinions
- Wisconsin Central Railroad v. RossIllinois Supreme Court · 1892
- Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915
- Plnder v. WickstromOregon Supreme Court · 1916
- Angell v. LewisSupreme Court of Rhode Island · 1898
- Muehlbauer v. KloknerWisconsin Supreme Court · 1915
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