Rood v. American Express Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwatikee County. Action for injuries to the plaintiff’s horse, buggy and harness, alleged to have been caused by negligence of defendant’s servant, while driving a horse and wagon belonging^to the defendant, in a public street in the city of Milwaukee. There was a special verdict, consisting of answers to sixteen interrogatories, and no general verdict.
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APPEAL from the County Court of Milwatikee County. Action for injuries to the plaintiff’s horse, buggy and harness, alleged to have been caused by negligence of defendant’s servant, while driving a horse and wagon belonging^to the defendant, in a public street in the city of Milwaukee. There was a special verdict, consisting of answers to sixteen interrogatories, and no general verdict. The facts found by the special verdict were substantially as follows: That the injuries complained of were caused by a collision between defendant’s wagon and that of the plaintiff; that at the time of the…
1Opinion of the CourtGold, J.
There is really no disagreement between counsel in regard to the legal principles which govern this case. It is practically conceded that each party was bound to the exercise of reasonable diligence, in view of all the circumstances, in hitching, driving and managing his horse upon and along the street, and in providing a safe harness and wagon. The law imposed upon each the same duty or obligation in these *641respects, in order to avoid doing injury to others. If the plaintiff, by bis own want of ordinary care and prudence in bitching bis horse in the manner and where he did, contributed to…
2Cited by2 opinions
- Cottrill v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Stebbins v. KilleenWisconsin Supreme Court · 1887