Legal Opinion

Mehegan v. Faber

Wisconsin Supreme Court

Decided November 17, 1914PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Milwau-kée county: AY. J. Tubhee, Circuit Judge. Action for damages for death caused by an' automobile. Eleventh and Rational avenues in the city of Milwaukee intersect one another, the former running north and south and the latter east and west. Defendant was driving his car south on Eleventh avenue.

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Appeal from a judgment of the circuit court for Milwau-kée county: AY. J. Tubhee, Circuit Judge. Action for damages for death caused by an' automobile. Eleventh and Rational avenues in the city of Milwaukee intersect one another, the former running north and south and the latter east and west. Defendant was driving his car south on Eleventh avenue. There was a street car standing on the south track on Rational avenue and somewhat to the west of the west line of Eleventh avenue. One Gertzke was standing near the southwest corner of the block bounded by the north line of National avenue and the…

1Opinion of the CourtBabwes, J.

The defendant urges the following contentions in support of a reversal of the judgment: (1) The verdict does not find that defendant's negligence was the proximate cause of the injury. (2) The jury having found an independent -intervening cause, to wit, the negligence of Gertzke, there can be no recovery against the defendant.(3) The court erred in excluding certain evidence offered.(4) The damages awarded are excessive.

1. Under the circumstances of this case, the substitution of the words "a proximate cause” for "the proximate cause,” in questions 2 and 4, could have no possible effect on…

2Cases cited11 opinions

  1. Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
  2. Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
  3. Haley v. Jump River Lumber Co.Wisconsin Supreme Court · 1892
  4. Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
  5. Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Weis v. WeisOhio Supreme Court · 1947
  2. Fleming v. HartrickWest Virginia Supreme Court · 1926
  3. Casson v. SchoenfeldWisconsin Supreme Court · 1918
  4. Hancock v. SteberAppellate Division of the Supreme Court of the State of New York · 1924
  5. Kausch v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1922

1 more not listed; retrieve them via the Exa API.

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