Mulkern v. State
Wisconsin Supreme Court
Error to review a judgment of the municipal court for the Eastern District of Waukesha County: James E. Thomas, Judge. .The plaintiff in error, hereinafter called the defendant, was charged with violating that portion of sec. 1636 — 49, Stats. 1919, which reads: “No person shall operate or drive any automobile, motorcycle or other similar motor vehicle recklessly or at a rate of speed greater than is reasonable and proper, having regard to the width, traffic and use of the…
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Error to review a judgment of the municipal court for the Eastern District of Waukesha County: James E. Thomas, Judge. .The plaintiff in error, hereinafter called the defendant, was charged with violating that portion of sec. 1636 — 49, Stats. 1919, which reads: “No person shall operate or drive any automobile, motorcycle or other similar motor vehicle recklessly or at a rate of speed greater than is reasonable and proper, having regard to the width, traffic and use of the highways and the general and usual rules of the road, or so as to endanger the property, life or limb of any person,” and…
1Opinion of the CourtVinje, C. J.
Defendant claims (1) that the conviction was contrary to the evidence, and (2) that the statute is too vague and uncertain to sustain a conviction, in that it does not define any offense with sufficient certainty to enable a jury to determine whether or not there has been a violation of the statute or to enable the driver of a car to tell when he violates it.
An examination of the evidence shows that the defendant was driving a heavy Packard car down a steep hill on a slight curve at a speed of about from twenty to twenty-five miles an hour; that the complainant was ahead of him driving a…
2Cases cited4 opinions
- Hayes v. StateCourt of Appeals of Georgia · 1912
- Raymond v. Sauk CountyWisconsin Supreme Court · 1918
- Elsbery v. StateCourt of Appeals of Georgia · 1912
- Holland v. StateCourt of Appeals of Georgia · 1912
3Cited by27 opinions
- People v. GroganNew York Court of Appeals · 1932
- The People v. GreenIllinois Supreme Court · 1938
- State v. BolsingerSupreme Court of Minnesota · 1946
- People v. McMurchyMichigan Supreme Court · 1930
- Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
22 more not listed; retrieve them via the Exa API.