Seitz v. Ott
Wisconsin Supreme Court
Appeal from an order of the circuit court for Marathon county: A. H. Reid, Circuit Judge. Personal injury. The action was for damages alleged to have been caused by the defendant negligently driving his horses and sleigh against and over plaintiff, a school teacher, who was proceeding along a country highway in the winter time, traveling in the same direction as the plaintiff. The answer denied the negligence of the defendant and alleged that the plaintiff was negligent.
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Appeal from an order of the circuit court for Marathon county: A. H. Reid, Circuit Judge. Personal injury. The action was for damages alleged to have been caused by the defendant negligently driving his horses and sleigh against and over plaintiff, a school teacher, who was proceeding along a country highway in the winter time, traveling in the same direction as the plaintiff. The answer denied the negligence of the defendant and alleged that the plaintiff was negligent. The jury, by special verdict, found that the defendant was guilty of negligence proximately causing the injury and that the…
1Opinion of the CourtRosenberry, J.
The plaintiff, a teacher in a country school, was walking home on the right side of the traveled track of a country road in the winter time, going south, there being quite a little snow on the ground. The defendant approached the plaintiff from behind with a team and a sleigh on his way home. The 'plaintiff saw the team approaching when it was a considerable distance from her, so far that she did not care to step out of the road at a cross-road and wait for it to pass. When the plaintiff reached the cross-road the defendant was about 600 feet *62behind her. The plaintiff thought that she could…
2Cases cited2 opinions
- Schillinger v. Town of VeronaWisconsin Supreme Court · 1893
- McCann v. UllmanWisconsin Supreme Court · 1901
3Cited by2 opinions
- Darus v. WestWisconsin Supreme Court · 1923
- Corwin v. SalterWisconsin Supreme Court · 1927