John v. Pierce
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. This is an action brought by plaintiff to recover damages for personal injuries sustained by him as the result of an automobile collision which occurred on one of the highways in Waukesha county on the 18th day of August, 1918.- Plaintiff was riding as an invited guest in the automobile of one William B. Johnson, who was at the time driving the car.
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Appeal from an order of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. This is an action brought by plaintiff to recover damages for personal injuries sustained by him as the result of an automobile collision which occurred on one of the highways in Waukesha county on the 18th day of August, 1918.- Plaintiff was riding as an invited guest in the automobile of one William B. Johnson, who was at the time driving the car. The Johnson car was proceeding in a westerly direction, and at a curve in the highway they met defendant’s car, which was being driven by his daughter.…
1Opinion of the CourtOwen, J.
No- reason was given by the trial court for setting aside the verdict and granting a new trial. • In view of the fact that the order was made on conditipn that plaintiff pay the costs, the presumption is that it was granted by reason of errors committed by the jury, or because the verdict was considered contrary to the weight of the evidence, and in our consideration of the case we shall ^o assume. Costs could not have been imposed if the verdict had been set aside for errors of the court. Second Nat. Bank v. Smith, 118 Wis. 18, 94 N. W. 664. The order, therefore, was a discretionary one, and…
2Cases cited5 opinions
- Chase v. American Cartage Co.Wisconsin Supreme Court · 1922
- Reiter v. GroberWisconsin Supreme Court · 1921
- Jeffery v. OsborneWisconsin Supreme Court · 1911
- Second National Bank of Richmond v. SmithWisconsin Supreme Court · 1903
- Kittner v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1890
3Cited by20 opinions
- Chase v. American Cartage Co.Wisconsin Supreme Court · 1922
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Fontaine v. FontaineWisconsin Supreme Court · 1931
- McCoy v. TerhorstWisconsin Supreme Court · 1926
- Basile v. FathWisconsin Supreme Court · 1925
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