Collier v. Town of Salem
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha, county: E. B. Beudem-, Circuit Judge. The plaintiff, while driving an automobile over a public highway in the nighttime in the defendant town, was injured as a result of the machine dropping off an embankment and overturning, and this action is brought to recover damages therefor.
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Appeal from a judgment of the circuit court for Kenosha, county: E. B. Beudem-, Circuit Judge. The plaintiff, while driving an automobile over a public highway in the nighttime in the defendant town, was injured as a result of the machine dropping off an embankment and overturning, and this action is brought to recover damages therefor. The complaint alleges that at the point of the accident there was a turnpike in the road about one hundred to> two hundred feet in length, three and one-half feet high, and' nine and one-half feet wide, the sides of which were very steep; that there was an…
1Opinion of the Court
Barres, X
The jury acquitted the plaintiff of contributory negligence and determined all other controverted issues of fact in his favor. The court held that the plaintiff was •guilty of contributory negligence as a matter of law, and amended the verdict to conform to its views in this regard and entered judgment dismissing the complaint. The sole question before this court is: Does the evidence offered support the finding of the jury ? In answering this question we must, where there is a conflict, tahe that evidence to be true which is most favorable to the plaintiff. Such evidence tended to…
2Cases cited1 opinion
- Kurath v. Gove Automobile Co.Wisconsin Supreme Court · 1911
3Cited by2 opinions
- Isgro v. Plankinton Packing Co.Wisconsin Supreme Court · 1922
- Sloan v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913