Mittelstadt v. Morrison
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The substance of the complaint is stated in the opinion. The plaintiff appeals from an order sustaining a general demurrer thereto. To race on a thoroughfare of a populous city is a “ wrongful” as well as a negligent act, and if the plaintiff is injured thereby he has his remedy. Add. on Torts, 511; Thorogood v. Bryan, 8 Com. B. 115; McDonald v. SneUing, 14 Allen, 290; Mayes v. M. O. R. Go.
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APPEAL from the Circuit Court for Winnebago County. The substance of the complaint is stated in the opinion. The plaintiff appeals from an order sustaining a general demurrer thereto. To race on a thoroughfare of a populous city is a “ wrongful” as well as a negligent act, and if the plaintiff is injured thereby he has his remedy. Add. on Torts, 511; Thorogood v. Bryan, 8 Com. B. 115; McDonald v. SneUing, 14 Allen, 290; Mayes v. M. O. R. Go. Ill U. S. 228. And see Hughes v. Fond du Lac, 13 Wis. 380; Little v. Madison, 42 id. 643; Schultz v. Milwaukee, 49 id. 254; Carmichael v. Dolen, 25 Neb.…
1Opinion of the CourtCole, C. J.
It seems to us very clear that the complaint in this case states a cause of action. It alleges, in substance, that while the plaintiff was driving on Main street, one of the principal streets of the city of Oshkosh, on the 22d day of February, 1888, the defendants, each with his own horse attached to his cutter, entered into a contest of speed with their horses, and drove on the street at an improper, unlawful, and dangerous rate of speed, much faster than six miles an hour; and, at the place where the plaintiff was driving, and upon approaching the plaintiff and his horses and sleigh, the…
2Cases cited2 opinions
- Hanlon v. South Boston Horse RailroadMassachusetts Supreme Judicial Court · 1880
- Hall v. RipleyMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- United States Brewing Co. v. StoltenbergIllinois Supreme Court · 1904
- Boykin v. BennettSupreme Court of North Carolina · 1961
- Courvoisier v. RaymondSupreme Court of Colorado · 1896
- Mueller v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1893