Chase v. American Cartage Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. Action for damages resulting from death caused by an automobile collision which occurred March 8, 1920. The jury found defendant negligent; that its negligence was the proximate cause of the death of the deceased; damages in the sum of $3,390, and also that the driver of the deceased was guilty of negligence proximately contributing to produce her death.
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Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. Action for damages resulting from death caused by an automobile collision which occurred March 8, 1920. The jury found defendant negligent; that its negligence was the proximate cause of the death of the deceased; damages in the sum of $3,390, and also that the driver of the deceased was guilty of negligence proximately contributing to produce her death. Upon such special verdict the trial court on December 20, 1920, entered judgment for the defendant dismissing the action upon the merits, with…
1Opinion of the CourtVinje, J.
The only question presented by the appeal is whether the rule that the negligence of a driver would not be imputed to a mere gratuitous passenger stated in Reiter v. Grober, 173 Wis. 493, 181 N. W. 739 (decided March 8, 1921), should be applied. Counsel for defendant claim it should not be because the announcement of the change of rule made in Reiter v. Grober was obiter dictum and cannot be relied upon as a binding decision; that the judgment when entered by the circuit court was correct; that it became the law of the case, and that it would be unjust to change it now. They have subdivided…
2Cases cited10 opinions
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
- Union Pacific Railroad v. Mason City & Fort Dodge RailroadSupreme Court of the United States · 1905
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
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3Cited by78 opinions
- Kuchinic v. McCrorySupreme Court of Pennsylvania · 1966
- Cerro Metal Products v. MarshallCourt of Appeals for the Third Circuit · 1980
- State v. LeitnerWisconsin Supreme Court · 2002
- State v. KruseWisconsin Supreme Court · 1981
- People v. KevorkianMichigan Supreme Court · 1994
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