Maher v. Lochen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Edward T. Fairchild, Circuit Judge. Action for damages on the ground of negligence. The cause was tried before the civil court of Milwaukee county. The evidence disclosed this: August 16, 1916, defendants’ servant, in the course of his employment, drove a four-horse team of horses, drawing a heavy truck, loaded with iron beams forty feet long, east on Oneida street, in the city of Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: Edward T. Fairchild, Circuit Judge. Action for damages on the ground of negligence. The cause was tried before the civil court of Milwaukee county. The evidence disclosed this: August 16, 1916, defendants’ servant, in the course of his employment, drove a four-horse team of horses, drawing a heavy truck, loaded with iron beams forty feet long, east on Oneida street, in the city of Milwaukee. He was ‘going about three miles per hour, driving on the right-hand track of double street railway tracks, and near the center of the…
1Opinion of the Court
MaRSIíall, J.
The judgment must be affirmed because it does not appear that the trial court was clearly wrong in deciding that whether respondent’s daughter, in driving the automobile, was guilty of negligence proximately contributing to the collision, was a jury question. The fact that she violated the law of the road in attempting to pass the truck load on the wrong side does not conclusively show that she was guilty of contributory negligence unless it clearly appears that her act had a causal connection, in a legal sense, with the accident, in that she ought reasonably to have apprehended…
2Cases cited2 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Friedrich v. BoultonWisconsin Supreme Court · 1917
3Cited by5 opinions
- Steinkrause v. EcksteinWisconsin Supreme Court · 1920
- Rule v. Claar Transfer & Storage Co.Nebraska Supreme Court · 1917
- Foster v. BauerWisconsin Supreme Court · 1921
- Ford v. WerthWisconsin Supreme Court · 1928
- Meyer v. NeidhoeferWisconsin Supreme Court · 1933