Legal Opinion

Gewanski v. Ellsworth

Wisconsin Supreme Court

Decided November 13, 1917PublishedCited by 24 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. Action for personal injuries. Plaintiff brought this action against the defendant to recover damages for personal injuries sustained as a result of being run down by an automobile owned by defendant and driven by chauffeur Harry Gilmore.

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Appeal from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. Action for personal injuries. Plaintiff brought this action against the defendant to recover damages for personal injuries sustained as a result of being run down by an automobile owned by defendant and driven by chauffeur Harry Gilmore. By its answers to questions submitted on a special verdict the jury found as follows: 1. That plaintiff was struck by an automobile owned by the defendant and which was being driven by Harry Gilmore, the chauffeur, on the night of May 31, 1915, causing the…

1Opinion of the Court

RoseNbebey, J., It is claimed that the trial court erred in changing the answer to question number 2 of the special verdict, for the reason that the evidence was sufficient to sustain the finding of the jury made in response to that question. Stating the facts as they appear from the testimony, resolving any controversies or doubts in favor of the appellant, we have the following: The chauffeur, Gilmore, had been employed by the defendant for about a year and a half preceding the time of the accident. Gilmore’s home was four and one-half miles distant from respondent’s home, and Gilmore was…

2Cases cited1 opinion

  1. Steffen v. McNaughtonWisconsin Supreme Court · 1910

3Cited by24 opinions

  1. Stone v. ReedMissouri Court of Appeals · 1952
  2. Ide v. Labor & Industry Review CommissionWisconsin Supreme Court · 1999
  3. McLamb v. BeasleySupreme Court of North Carolina · 1940
  4. Seidl v. KnopWisconsin Supreme Court · 1921
  5. Smith v. Yellow Cab Co.Wisconsin Supreme Court · 1920

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