Legal Opinion

Sieber v. Amunson

Wisconsin Supreme Court

Decided February 3, 1891PublishedCited by 11 opinions

APPEAL from the Circuit Court for Jaeltson County. Action to recover damages for personal injuries alleged to have been sustained by the plaintiff on January 1, 1889, by reason of the defendant having “improperly, negligently, wilfully, and wrongfully shouted, hallooed, yelled, and whooped,” thereby frightening the horses attached to the sleigh in which he was riding, so that they ran away and collided with the cutter in which the plaintiff was, overturning such cutter and…

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APPEAL from the Circuit Court for Jaeltson County. Action to recover damages for personal injuries alleged to have been sustained by the plaintiff on January 1, 1889, by reason of the defendant having “improperly, negligently, wilfully, and wrongfully shouted, hallooed, yelled, and whooped,” thereby frightening the horses attached to the sleigh in which he was riding, so that they ran away and collided with the cutter in which the plaintiff was, overturning such cutter and severely injuring the plaintiff. The facts will sufficiently appear from the opinion.

1Opinion of the CourtOetoN, J.

The plaintiff was riding in a cutter drawn by a span of horses, with one Henry Helbling, the owner and driver. The defendant was riding in a bob-sleigh drawn by a span of horses owned by one Jonas Narracong, with one John Johnson Sieverson, his driver and hired man, behind and following after the said cutter. The defendant, being somewhat intoxicated, hallooed, yelled, and whooped, by which the team was frightened and ran away, and the said Sieverson, the driver, lost all control of them, and, as they ran and were passing the said cutter, they collided with it in such a way as to turn it…

2Cases cited5 opinions

  1. Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
  2. McNamara v. Village of ClintonvilleWisconsin Supreme Court · 1885
  3. Hinton v. Cream City RailroadWisconsin Supreme Court · 1886
  4. Palmer v. YagerWisconsin Supreme Court · 1865
  5. County of Cerro Gordo v. County of HancockSupreme Court of Iowa · 1882

3Cited by11 opinions

  1. Renner v. Model Laundry, Cleaning & Dyeing Co.Supreme Court of Iowa · 1921
  2. Snyder v. Mutual Telephone Co.Supreme Court of Iowa · 1907
  3. Robinson v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1907
  4. Shafer v. City of Eau ClaireWisconsin Supreme Court · 1900
  5. General Accident, Fire & Life Assurance Co. v. TibbsIndiana Court of Appeals · 1936

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