Speakes Lime & Cement Co. v. Duluth Street Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Solon L. Perrin, Judge. The appeal is from a judgment given upon the verdict of a jury for damages found in two causes of action. Both causes of action arose from collisions between a truck or trucks of the plaintiff company and a street car of the defendant company, in which both trucks and street cars were damaged. Both causes of action were for damages to the trucks and for the loss of their use.
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Appeal from a judgment of the superior court of Douglas county: Solon L. Perrin, Judge. The appeal is from a judgment given upon the verdict of a jury for damages found in two causes of action. Both causes of action arose from collisions between a truck or trucks of the plaintiff company and a street car of the defendant company, in which both trucks and street cars were damaged. Both causes of action were for damages to the trucks and for the loss of their use. In both there were counterclaims for damages to the street cars and for the loss of their use. The facts were these: First cause of…
1Opinion of the CourtJones, J.
In the first and most important cause of action appellant’s attorneys rely greatly on the facts that there was no ordinance restricting the rate of travel at the *479point where the accident occurred; that for a long distance there were no intersecting streets, and that no danger was to be apprehended of travel across the track; that the drivers of the trucks were aware of the rate of speed usually traveled by the street cars, and, as claimed, that they observed that at the time in question the street car was going faster than usual. .Appellant’s counsel also lay great stress on the fact that…
2Cases cited4 opinions
- Tesch v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Anderson v. Chicago Brass Co.Wisconsin Supreme Court · 1906
- Dahinden v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919
- Grimm v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1909
3Cited by5 opinions
- Ireland v. Connecticut Co.Supreme Court of Connecticut · 1930
- Wappler v. SchenckWisconsin Supreme Court · 1922
- Estate of EngelhardtWisconsin Supreme Court · 1956
- Dominiczak v. Milwaukee Electric Railway & Transport Co.Wisconsin Supreme Court · 1945
- Terre Haute, Indianapolis & Eastern Traction Co. v. SawyerIndiana Court of Appeals · 1932