Legal Opinion

Wolosek v. Chicago & Milwaukee Electric Railroad

Wisconsin Supreme Court

Decided October 27, 1914PublishedCited by 3 opinions

Appeal from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Tbe appeal is from an order granting a new trial upon appeal of tbe defendants from a judgment against them in tbe civil court of Milwaukee county. Tbe action is for tbe recovery of damages sustained by the plaintiff in a collision with a car operated by the defendant company.

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Appeal from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Tbe appeal is from an order granting a new trial upon appeal of tbe defendants from a judgment against them in tbe civil court of Milwaukee county. Tbe action is for tbe recovery of damages sustained by the plaintiff in a collision with a car operated by the defendant company. In tbe evening of February 4, 1912, tbe plaintiff and a companion were in a bob-sled at tbe time of such collision. They bad come out of a saloon a short time before and procured tbe horse and bob-sled from a shed. They had…

1Opinion of the CourtSiebecKee, J.

The circuit court held that the civil court erred in its instruction on the subject of proximate cause. The plaintiff admits that the instruction wholly omitted to *478inform the jury that proximate causation in negligence cases-necessarily includes the element of reasonable anticipation, namely, that an alleged negligent act cannot be held to be the-proximate cause o'f an injury in the legal sense unless the-person responsible for the negligent act, in the light of the attending circumstances, ought in the exercise of reasonable care to have foreseen that personal injury might result therefrom…

2Cases cited4 opinions

  1. Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
  2. Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
  3. Sparks v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
  4. Fehrman v. Town of Pine RiverWisconsin Supreme Court · 1903

3Cited by3 opinions

  1. Malkowski v. GrahamWisconsin Supreme Court · 1919
  2. Bell Lumber Co. v. Bayfield Transfer Railway Co.Wisconsin Supreme Court · 1919
  3. Pfeiffer v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1916

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