Legal Opinion

Pfeiffer v. Radke

Wisconsin Supreme Court

Decided April 5, 1910PublishedCited by 6 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNee, Circuit Judge. Action for damages to person and property. Tbe plaintiff was proceeding northward on a highway in Ozaukee county, driving a single horse that was old, well broken, and not afraid of automobiles. He observed the defendant approaching him with an automobile and coming in a southerly direction.

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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNee, Circuit Judge. Action for damages to person and property. Tbe plaintiff was proceeding northward on a highway in Ozaukee county, driving a single horse that was old, well broken, and not afraid of automobiles. He observed the defendant approaching him with an automobile and coming in a southerly direction. The highway was turnpiked at this point, and the traveled portion of it was twenty-one or twenty-two feet in width, with somewhat deep ditches on either side. The plaintiff pulled his horse to the right side of…

1Opinion of the CourtBarnes, J.

Tbe original and first amended complaints were verified. It is urged that under tbe provisions of sec. 2665, Stats. (1898), it was error to allow a second amendment to tbe complaint, because it was not verified. If it be conceded, as seems to be intimated in Orton v. Scofield, 61 Wis. 382, 21 N. W. 261, that error was committed, it was *515harmless and must be disregarded in this court, under ch. 192, Laws of 1909 (sec. 3072m, Stats.).

The substantial accuracy of the photograph of the highway at and near the place of the accident was sufficiently established so that it was admissible for the…

2Cases cited10 opinions

  1. Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
  2. Hoth v. PetersWisconsin Supreme Court · 1882
  3. Orton v. ScofieldWisconsin Supreme Court · 1884
  4. Achtenhagen v. City of WatertownWisconsin Supreme Court · 1864
  5. Chamberlain v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Parsons v. Crown Disposal Co.California Supreme Court · 1997
  2. Lawry v. McKennieOregon Supreme Court · 1945
  3. Nelson v. HallandSupreme Court of Minnesota · 1914
  4. Pfeiffer v. RadkeWisconsin Supreme Court · 1911
  5. Parsons v. Crown Disposal Co.California Supreme Court · 1997

1 more not listed; retrieve them via the Exa API.

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