Legal Opinion

Goldberg v. Berkowitz

Wisconsin Supreme Court

Decided April 5, 1921PublishedCited by 5 opinions

Appeals from judgments of the circuit court for Milwaukee county: John J. Gregory and Walter Schinz, Circuit Judges. These two appeals arise out of the same cause of action. The first case is an appeal from a judgment of the circuit court for Milwaukee county, John J. Gregory, judge presiding, affirming the judgment of the civil court of Milwaukee county.

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Appeals from judgments of the circuit court for Milwaukee county: John J. Gregory and Walter Schinz, Circuit Judges. These two appeals arise out of the same cause of action. The first case is an appeal from a judgment of the circuit court for Milwaukee county, John J. Gregory, judge presiding, affirming the judgment of the civil court of Milwaukee county. The action was brought to recover damages for an injury to plaintiff resulting from a collision between a coaster sled upon which the plaintiff was riding and an automobile of defendant operated by his employee. Plaintiff alleges that the…

1Opinion of the Court

The following opinion was filed February 8, 1921:

Siebecker, C. J.

The appellant insists that the civil and circuit courts erred in holding that the issue of Londs Goldberg’s contributory negligence is properly for determination by the jury, and urges in this court that the evidence shows as matter, of law that he was guilty of contributory negligence.

At the time of the accident this boy was nine and one-half years of age. Whether or not the boy exercised due care under all the facts and circumstances disclosed by the evidence *606must be determined in the light of the care which is ordinarily…

2Cases cited4 opinions

  1. Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
  2. Wills v. Ashland Light, Power & Street Railway Co.Wisconsin Supreme Court · 1900
  3. Ballard v. Bellevue Apartment Co.Wisconsin Supreme Court · 1916
  4. Kollentz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1920

3Cited by5 opinions

  1. Autio v. MillerMontana Supreme Court · 1932
  2. Gonzalez Ex Rel. Bichler v. City of FranklinWisconsin Supreme Court · 1987
  3. DeGroot v. Van AkkerenWisconsin Supreme Court · 1937
  4. Mueller v. O'LearyWisconsin Supreme Court · 1935
  5. Brophy v. Milwaukee Electric Railway & Transport Co.Wisconsin Supreme Court · 1947

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