Klokow v. Harbaugh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Osoae M. Eeitz, Circuit Judge. The plaintiff while crossing the street to board a street car was struck by the defendant’s automobile and seriously injured and has obtained a judgment for damages from which the defendant appeals.
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Appeal from a judgment of the circuit court for Milwaukee county: Osoae M. Eeitz, Circuit Judge. The plaintiff while crossing the street to board a street car was struck by the defendant’s automobile and seriously injured and has obtained a judgment for damages from which the defendant appeals. The facts in brief are these: The accident occurred on Sixteenth-street viaduct in Milwaukee, which runs due north and south over the Menomonee Valley and has a double line of street railway tracks upon it. At about 7:30 p. m. December 19, 1915, tbe plaintiff, a man about forty-eight years of age,…
1Opinion of the CourtWiNsnow, C. J.
Tbe appellant concedes that there was sufficient evidence to justify tbe finding that be was negligent and tbe concession seems not improvidently made. In our- judgment bis conduct nearly approached recklessness. He makes, however, two contentions: (1) that tbe plaintiff was guilty of contributory negligence as a matter of law, and (2) that erroneous instructions were given to tbe jury. These will be briefly considered.
1. Tbe argument on tbe first contention is in substance this: Tbe headlight of tbe automobile was plainly visible; it was plaintiff’s duty to look for it; either be looked or…
2Cases cited4 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Ouellette v. Superior Motor & Machine WorksWisconsin Supreme Court · 1914
- Arseneau v. SweetSupreme Court of Minnesota · 1908
- Ehnert v. MewsWisconsin Supreme Court · 1912
3Cited by6 opinions
- Ritter v. HicksWest Virginia Supreme Court · 1926
- Bentson v. BrownWisconsin Supreme Court · 1925
- McDonald v. WickstrandWisconsin Supreme Court · 1931
- John v. PierceWisconsin Supreme Court · 1920
- White v. KaneWisconsin Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.