Dahinden v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment o# the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This action was commenced in the civil court of Milwaukee county. At the conclusion of the trial a verdict was directed in favor of defendant on the ground that plaintiff was guilty of contributory negligence as a matter of law. Plaintiff appealed to the circuit court for Milwaukee county, where the judgment was affirmed. From the judgment of affirmance plaintiff appeals.
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Appeal from a judgment o# the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This action was commenced in the civil court of Milwaukee county. At the conclusion of the trial a verdict was directed in favor of defendant on the ground that plaintiff was guilty of contributory negligence as a matter of law. Plaintiff appealed to the circuit court for Milwaukee county, where the judgment was affirmed. From the judgment of affirmance plaintiff appeals. The evidence disclosed that in the morning of the 2d day of March, 1917, plaintiff was driving an Apperson automobile west on…
1Opinion of the CourtOwen, J.
The plaintiff could not obtain a view of the street-car track until he had cleared the car barn, about *3twenty-five feet distant from the track. The front end of his car was at least five feet, and probably eight feet, closer to the track, leaving it a distance of from seventeen to twenty feet from the track. He testified that when going at the rate of five miles per hour he could stop his car within a distance of three feet; Assuming that he was going at the rate of five miles an hour he would cover fourteen feet in two seconds. The last possible opportunity, therefore, for him to look before…
2Cases cited3 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Tesch v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Grimm v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1909
3Cited by23 opinions
- Clemens v. StateWisconsin Supreme Court · 1922
- Gensch v. City of MilwaukeeWisconsin Supreme Court · 1922
- Peters v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1935
- Olk v. MarquardtWisconsin Supreme Court · 1931
- Heinecke v. Hardware Mutual Casualty Co.Wisconsin Supreme Court · 1953
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