Briese v. Maechtle
Wisconsin Supreme Court
Appeal from a judgment of tibe circuit court for Ozaukee county: Mabtih L. Luece, Circuit Judge. This is an appeal from a judgment of nonsuit in' an action for personal injuries caused by negligence. The facts are brief and undisputed. The plaintiff, a boy between nine and ten years old, and the defendant, a boy ten years and nine months old, attendecH¿he~same public school in the city of Port Washington, and were friends.
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Appeal from a judgment of tibe circuit court for Ozaukee county: Mabtih L. Luece, Circuit Judge. This is an appeal from a judgment of nonsuit in' an action for personal injuries caused by negligence. The facts are brief and undisputed. The plaintiff, a boy between nine and ten years old, and the defendant, a boy ten years and nine months old, attendecH¿he~same public school in the city of Port Washington, and were friends. At recess on the 25th of March, 1909, both plaintiff and defendant were playing in the school yard, the plaintiff playing marbles with two other boys, and the defendant…
1Opinion of the Court
Winslow, O. J.
The action is novel, if not entirely without precedent in the books. Two school boys, one a little under and one a little over the age of ten, were playing the time-honored and innocent games of youth in the school yard when by the purest accident one ran into the other and inflicted a serious injury, but an injury which no one could possibly anticipate. Under all ordinary and usual conditions, the only results would be a little shaking up of one or both of the participants and the accumulation of a little more dust upon already dusty clothes. Had this been the case here no one…
2Cases cited4 opinions
- Vosburg v. PutneyWisconsin Supreme Court · 1891
- Anderson v. Chicago Brass Co.Wisconsin Supreme Court · 1906
- Huchting v. EngelWisconsin Supreme Court · 1863
- Wade v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1911
3Cited by20 opinions
- Dellwo v. PearsonSupreme Court of Minnesota · 1961
- Garratt v. DaileyWashington Supreme Court · 1955
- Charbonneau v. MacRurySupreme Court of New Hampshire · 1931
- McGuire v. AlmyMassachusetts Supreme Judicial Court · 1937
- Hoyt v. RosenbergCalifornia Court of Appeal · 1947
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