Legal Opinion

Kashuda v. Adams Express Co.

Wisconsin Supreme Court

Decided February 10, 1920PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Cpiester A. Fowler, Judge. Action for personal injury. The driver of defendant’s express wagon lived next door to plaintiff’s parents. He was in the habit of driving his horse to the curb in front of his house at noon and feeding it oats in a box. On the day of the accident, August 14, 1917, he drove his horse to the curb and fed it oats.

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Appeal from a judgment of the circuit court for Milwaukee county: Cpiester A. Fowler, Judge. Action for personal injury. The driver of defendant’s express wagon lived next door to plaintiff’s parents. He was in the habit of driving his horse to the curb in front of his house at noon and feeding it oats in a box. On the day of the accident, August 14, 1917, he drove his horse to the curb and fed it oats. Plaintiff, a boy seven years and ten months old, got oh the wagon, and while on the'seat the horse became frightened, ran away, and the boy wás'in-jured. The jury returned a special verdict…

1Opinion of the CourtVinje, J.

■ There was credible evidence from which the jury could find that the driver asked plaintiff to get the feed box from the yard; that he gave plaintiff the empty feed bag after he had put the oats in the box; that he told him to put the bag in the wagon; that the driver went into the yard before hitching the horse, and that plaintiff in obedience to the request to put the bag in the wagon climbed up on the seat and reached back to put the bag under or behind the seat, that being the place it was usually kept, when empty; and that while he. was so engaged the horse ran away and his leg.was…

2Cases cited8 opinions

  1. Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
  2. Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
  3. Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
  4. Secard v. Rhinelander Lighting Co.Wisconsin Supreme Court · 1912
  5. Webster v. Corcoran Bros.Wisconsin Supreme Court · 1914

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. CarterWyoming Supreme Court · 1923
  2. Coakley v. Prentiss-Wabers Stove Co.Wisconsin Supreme Court · 1923

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