Schwartz v. Eitel

KERNER, Circuit Judge.

Plaintiff brought this action in the Circuit Court of Oneida County, Wisconsin to recover $12,500 damages for injuries sustained as the result of alleged negligence of the defendant’s chauffeur in operating an .automobile which collided with plaintiff’s automobile. Upon motion of the defendant, the case was removed because of diversity of citizenship to the District Court and there tried to a jury.

The collision occurred on May 16, 1941, .a bright sunny afternoon, at the intersection of Highway 51 and Heinzen road, a private roadway which runs into but not beyond Highway…