McChesney v. Dane County
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Dane county: August C. Hoppmann, Judge. Personal injury. On July 5, 1916, the plaintiff purchased an automobile. Pie had never operated an automobile but had had considerable experience in the operation of traction engines. The seller undertook to 'teach the plaintiff how to drive the car.
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Appeal from a judgment of the superior court of Dane county: August C. Hoppmann, Judge. Personal injury. On July 5, 1916, the plaintiff purchased an automobile. Pie had never operated an automobile but had had considerable experience in the operation of traction engines. The seller undertook to 'teach the plaintiff how to drive the car. After driving around on the streets of Madison, the plaintiff, accompanied by the seller, started toward the home of the plaintiff at Dane, driving along the Westport-Madison road. Several miles before the place of the accident was reached the seller turned…
1Opinion of the CourtRosenberry, J.
The act of traveling for one’s own convenience outside of the way prepared for the public constitutes contributory negligence as a matter of law. See Wheeler v. Westport, 30 Wis. 392, and line of cases cited in Sweetman v. Green Bay, 147 Wis. 586 (132 N. W. 1111), at p. 603. We do not understand that Sweetman v. Green Bay, supra, overrules or modifies the doctrine established by the cases referred to. The question here is whether or not the facts in this case bring it within the. rule. In Wheeler v. Westport it is said:
“This conclusion results in no change of the general rule that travelers…
2Cases cited2 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Sweetman v. City of Green BayWisconsin Supreme Court · 1912
3Cited by5 opinions
- Morris v. Juneau CountyWisconsin Supreme Court · 1998
- Gill v. Northwest Airlines, Inc.Supreme Court of Minnesota · 1949
- Galiano v. Pacific Gas & Electric Co.California Court of Appeal · 1937
- Briscoe v. WorleySupreme Court of Oklahoma · 1952
- Briscoe v. WorleySupreme Court of Oklahoma · 1952