McCummins v. State
Wisconsin Supreme Court
ERROR to review a judgment of tbe circuit court for Jefferson county: B. E. DuNwiddie, Circuit Judge. July 25, 1906, tbe following complaint was made in justice’s court, village of Palmyra, Jefferson county: “Joseph E. Davies, district attorney, being first duly sworn on oath, deposes and says that be is informed and believes: That on tbe 16th day of June, A. D. 1906, at said county, one Chas.
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ERROR to review a judgment of tbe circuit court for Jefferson county: B. E. DuNwiddie, Circuit Judge. July 25, 1906, tbe following complaint was made in justice’s court, village of Palmyra, Jefferson county: “Joseph E. Davies, district attorney, being first duly sworn on oath, deposes and says that be is informed and believes: That on tbe 16th day of June, A. D. 1906, at said county, one Chas. McCummins did operate an automobile along a public highway of said county and state, without exercising reasonable precaution to prevent the frightening of horses belonging to and driven by Henry Moyse…
1Opinion of the CourtSiebkCKee, J.
The defendant avers that the complaint is insufficient in that it omits to allege one of the constituents of the offense, namely, that a movement forward was not deemed necessary by the plaintiff in error to avoid accident or injury. See. 1636 — 50, Stats. (Supp. 1906; Laws of 1905, ch. 305, sec. 4), provides:
“Every person operating an automobile . . . shall upon a signal by putting up the hand, or other sign of distress, by a person riding or driving a horse or horses, which shall appear frightened, cause such automobile or other similar motor vehicle to stop all motor power and remain…
2Cases cited5 opinions
- Hacker v. HeineyWisconsin Supreme Court · 1901
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Sires v. StateWisconsin Supreme Court · 1888
- State v. WhittonWisconsin Supreme Court · 1888
- Barnum v. StateWisconsin Supreme Court · 1896
3Cited by7 opinions
- Carr v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1907
- Eddy v. StoweCalifornia Court of Appeal · 1919
- Mahoney v. MaxfieldSupreme Court of Minnesota · 1907
- Birmingham v. StateWisconsin Supreme Court · 1911
- Brown v. ThorneWashington Supreme Court · 1910
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