Pfeiffer v. Radke
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LawpeNce W. Halsey, Circuit Judge. Action for damages to person.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LawpeNce W. Halsey, Circuit Judge. Action for damages to person. Tbe jury found (1) that defendant’s automobile frightened tbe horse behind which plaintiff was driven and she was injured as a result thereof; (2) that defendant did not drive to the right of the middle of the traveled track of the road; (3) that by the exercise of ordinary care he could have driven to the right thereof without injury to himself; (4) that his failure so to do was the proximate cause of plaintiff’s injury; (5) that the driver of the horse was not…
1Opinion of the CourtViNJE, J.
1. It is conceded by counsel for the defendant 'that tbis case, in so far as tbe evidence bears upon the question of defendant’s negligence, is identical with, that of Pfeiffer v. Radke, 142 Wis. 512, 125 N. W. 934, except that it is now shown the horse was frightened by water splashing ■on him, and that defendant turned to the left on account of the condition of the road. The question of defendant’s negligence, therefore, is governed by the former case, unless the additional evidence necessitates a different disposition of it. The only evidence as to what frightened the horse is that of the…
2Cases cited1 opinion
- Pfeiffer v. RadkeWisconsin Supreme Court · 1910