Brubaker v. Iowa County
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa county: L. H. Bancroft, Circuit Judge. Action for damages for personal injuries caused by the insufficiency of a state trunk highway. Trial before a jury resulted in judgment for the plaintiff upon a special verdict after a finding of contributory negligence had been changed by the trial court. Defendant appeals.
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Appeal from a judgment of the circuit court for Iowa county: L. H. Bancroft, Circuit Judge. Action for damages for personal injuries caused by the insufficiency of a state trunk highway. Trial before a jury resulted in judgment for the plaintiff upon a special verdict after a finding of contributory negligence had been changed by the trial court. Defendant appeals. On August 25, 1919, plaintiff, her husband, and her sister were proceeding from Oshkosh, Wisconsin, to Sioux City, Iowa, where plaintiff and her husband intended to reside. They were traveling in the husband’s automobile. He was…
1Opinion of the CourtJones, J.
It is earnestly argued by appellant’s counsel that the court erred in changing the answer of the jury in which they found that the driver of the car was guilty of contributory negligence. There is undoubtedly some force in the claim that he should have sooner seen the elevation in the road and that he should have sooner stopped the car. *578But in view of the rule which now obtains in this state it becomes unnecessary to decide whether the ruling of the court complained of was erroneous. Under the rule which long prevailed in Wisconsin as declared in Prideaux v. Mineral Point, 43 Wis. 513, one…
2Cases cited10 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Louisville, New Albany & Chicago Railway Co. v. CreekIndiana Supreme Court · 1892
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Reading Township v. TelferSupreme Court of Kansas · 1897
- Reiter v. GroberWisconsin Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Walker v. Kroger Grocery & Baking Co.Wisconsin Supreme Court · 1934
- Chase v. American Cartage Co.Wisconsin Supreme Court · 1922
- Seaboard Air Line Railway Co. v. WatsonSupreme Court of Florida · 1927
- Jessup v. DavisNebraska Supreme Court · 1926
- Wicker v. North States Construction Co. Inc.Supreme Court of Minnesota · 1931
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