Hanson v. Anderson
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: R. G. Síebeobse, Circuit Judge. This is an appeal from an order denying a motion to require the complaint to be made more definite and certain.
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Appeal from an order of the circuit court for Dane county: R. G. Síebeobse, Circuit Judge. This is an appeal from an order denying a motion to require the complaint to be made more definite and certain. The complaint alleges that the plaintiff owned a horse and carriage, ‘and was riding with the same on the 11th of October, 1893, upon the highway, with due care, and that defendant was at the same time passing along said highway in a carriage drawn by two horses which he was driving; “ that the defendant then and there carelessly and negligently drove and managed his said horses and vehicle at…
1Opinion of the CourtWinslow, J.
This motion does not seem to us to possess substantial merit. While the complaint may not be a model of pleading, it tells a plaiu story, which, under the circumstances, we think is sufficiently definite. It charges, in substance, that the defendant drove his team at a great rate of speed along the highway, and came up behind the plaintiff’s vehicle and negligently ran into it. It could hardly be expected that the plaintiff, when run into from the rear, would know or be able to state what specific negligent act was done by the defendant, other than his driving at a high rate of speed; and we…
2Cases cited1 opinion
- Barney v. City of HartfordWisconsin Supreme Court · 1888
3Cited by9 opinions
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- Conard v. . ShufordSupreme Court of North Carolina · 1917
- Grasselli Chemical Co. v. DavisSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. ChastainSupreme Court of Alabama · 1908
- Doolittle v. LaycockWisconsin Supreme Court · 1899
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