Dering v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of. the circuit court for Milwaukee county: Walter Sci-iinz, Circuit Judge. Action begun in the civil court to recover damages for injury to plaintiff’s automobile sustained in a collision with defendant’s street car at the intersection of West Water street and Wells street in the city of Milwaukee on the evening of October 9, 1917. Wells street runs east and west. West Water street runs in a northwesterly and southeasterly direction.
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Appeal from a judgment of. the circuit court for Milwaukee county: Walter Sci-iinz, Circuit Judge. Action begun in the civil court to recover damages for injury to plaintiff’s automobile sustained in a collision with defendant’s street car at the intersection of West Water street and Wells street in the city of Milwaukee on the evening of October 9, 1917. Wells street runs east and west. West Water street runs in a northwesterly and southeasterly direction. Plaintiff was proceeding east on Wells street and the car that struck him was running northwesterly on the east track on West Water…
1Opinion of the CourtYinje, J.
Plaintiff contends (a) that there is no evidence to sustain the jury’s finding of contributory negligence and (b) errors in instructions to the jury. From the foregoing statement of facts it will be seen that even upon plaintiff’s own contention the car that hit him had' run at least fifteen feet from where it stood discharging passengers before it ran into him. In so doing the testimony shows it had run at an average speed of not more than three miles per hour. 'He testified that he ran his auto from four to eight miles per hour and had it under perfect control though the street was wet.- If…
2Cases cited1 opinion
- Canning v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1916
3Cited by1 opinion
- Dozier v. Charleston Consol. Ry. & Lighting Co.Supreme Court of South Carolina · 1926