Pietsch v. McCarthy
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: OereN T. Williams, Circuit Judge. Plaintiff brought this action in tbe civil court of Milwaukee county to recover damages caused to his automobile by running into the rear of a wagon that was being driven by the defendant on one .of the streets of the city of Milwaukee. The collision occurred shortly after 6 o’clock on October 10, 1913. It was drizzling rain and quite dark.
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Appeal from an order of tbe circuit court for Milwaukee county: OereN T. Williams, Circuit Judge. Plaintiff brought this action in tbe civil court of Milwaukee county to recover damages caused to his automobile by running into the rear of a wagon that was being driven by the defendant on one .of the streets of the city of Milwaukee. The collision occurred shortly after 6 o’clock on October 10, 1913. It was drizzling rain and quite dark. The alleged negligence of the defendant consisted in not carrying a light as required by a city ordinance. The plaintiff gave as a reason for not seeing the…
1Opinion of the CourtBabnes, J.
The plaintiff testified that he was proceeding at a rate of speed of from ten to thirteen miles an hour; that his vision was so dazzled by headlights of automobiles coming *254in the opposite direction that he could not see the wagon ahead of him; and that in this situation he proceeded a distance of 100 feet without slacking his speed until he bumped into the wagon, which he did not see until he struck it. It seems clear under these facts that he was guilty of contributory negligence as a matter of law under the decision of this court in Lauson v. Fond du Lac, 141 Wis. 57, 123 N. W. 629. The…
2Cases cited2 opinions
- Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
- Mueller Real Estate & Investment Co. v. CohenWisconsin Supreme Court · 1914
3Cited by25 opinions
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- Holsaple v. Menominee Sup'ts of PoorMichigan Supreme Court · 1925
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