Friedrich v. Boulton
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Tbis action is brought by the plaintiff to recover damages for personal injuries sustained by him because of a collision with defendant’s automobile. The Sixth-street viaduct in the city of Milwaukee runs north and south over the Menomonee river. The draw over the river consists of a north and south lift.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Tbis action is brought by the plaintiff to recover damages for personal injuries sustained by him because of a collision with defendant’s automobile. The Sixth-street viaduct in the city of Milwaukee runs north and south over the Menomonee river. The draw over the river consists of a north and south lift. Two sets of street-car tracks, used by the Chicago & Milwaukee Electric Railroad, run across this viaduct. The distance between the two center rails is six feet and two inches;'the distance…
1Opinion of the Court
Tbe following opinion was filed October 24, 1916 :
SiebbcKER, J.
Tbe trial court held that tbe evidence showed as matter of law that tbe plaintiff was guilty of contributory negligence. It is well established that if tbe evidence in a personal injury action for negligence is conflicting, or if not, if tbe inferences to be drawn therefrom are doubtful and uncertain, then tbe questions of negligence are for a jury. Tbe plaintiff is also entitled to tbe benefit of every fact reasonably inferable from tbe evidence. Tbe burden of *530proving negligence in sucb cases rests on the defendant. Clary v. C.,…
2Cases cited1 opinion
- Clary v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
3Cited by5 opinions
- Nelson v. PauliWisconsin Supreme Court · 1922
- Geffert v. KayserWisconsin Supreme Court · 1923
- Maher v. LochenWisconsin Supreme Court · 1917
- McGuiggan v. Hiller Bros.Wisconsin Supreme Court · 1934
- Barutio v. DowlingWisconsin Supreme Court · 1925