Legal Opinion

Koenig v. Sproesser

Wisconsin Supreme Court

Decided May 4, 1915PublishedCited by 7 opinions

Appeal from a judgment of the county court of Jefferson county: Ohaeles B. Eogees, Judge. This action was brought to recover damages on account of a collision between the plaintiff’s horse and buggy and the defendant W. B. Sproesser’s automobile. It is charged in the complaint that the defendant Jacob Sproesser carelessly and negligently ran into the horse and carriage of plaintiff, which horse was being driven with due care by the minor son of the plaintiff.

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Appeal from a judgment of the county court of Jefferson county: Ohaeles B. Eogees, Judge. This action was brought to recover damages on account of a collision between the plaintiff’s horse and buggy and the defendant W. B. Sproesser’s automobile. It is charged in the complaint that the defendant Jacob Sproesser carelessly and negligently ran into the horse and carriage of plaintiff, which horse was being driven with due care by the minor son of the plaintiff. The damages claimed to the plaintiff’s horse and carriage are $138.52. The defendants denied negligence and set up a counterclaim to…

1Opinion of the CourtKerwin, J.

1. Tbe first error assigned is tbat tbe court erred in admitting testimony to tbe effect tbat it was tbe custom of Eranz Koenig, son of plaintiff, when driving into tbe yard not to look around. There was no prejudicial error in tbis. Tbe effect of it was to show tbat tbe minor son was-a careless driver, but tbe jury acquitted him of negligence.

2. Tbe second error assigned is tbat tbe court erred in permitting tbe witness Minnie Sproesser to testify as to tbe manner in which tbe defendant J acolo Sproesser drove tbe automobile at various times previous to tbe accident in question. Tbe evidence…

2Cases cited5 opinions

  1. Moyer v. City of OshkoshWisconsin Supreme Court · 1913
  2. Manufacturers & Merchants Inspection Bureau v. Everwear Hosiery Co.Wisconsin Supreme Court · 1913
  3. Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914
  4. Adams v. Menasha Paper Co.Wisconsin Supreme Court · 1913
  5. Sobek v. George H. Smith Steel Casting Co.Wisconsin Supreme Court · 1914

3Cited by7 opinions

  1. Ward v. SmithWisconsin Supreme Court · 1917
  2. Wagner v. PeifferWisconsin Supreme Court · 1951
  3. London Guarantee & Accident Co. v. Great Northern RailroadWisconsin Supreme Court · 1928
  4. Prahl v. HogensenWisconsin Supreme Court · 1924
  5. Slack v. JoyceWisconsin Supreme Court · 1916

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