Legal Opinion

Becker v. West Side Dye Works

Wisconsin Supreme Court

Decided June 1, 1920PublishedCited by 2 opinions

Appeal from a judgment óf the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Action to recover damages for a personal injury caused by a collision with an automobile driven by one Kimball, an employee of the defendant. On February 20, 1919, at about 11:45 a. m., plaintiff alighted at the intersection of Twenty-fourth street and Lisbon avenue in Milwaukee from the right front door of a street car on which he had been a passenger.

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Appeal from a judgment óf the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Action to recover damages for a personal injury caused by a collision with an automobile driven by one Kimball, an employee of the defendant. On February 20, 1919, at about 11:45 a. m., plaintiff alighted at the intersection of Twenty-fourth street and Lisbon avenue in Milwaukee from the right front door of a street car on which he had been a passenger. The stop was made on the further side of the street intersection. After alighting, plaintiff started to cross the street in front of the street…

1Opinion of the CourtVinje, J.

Plaintiff’s assignments of errors are that (1) the court erred in instructing the jury with reference *3to the duty to look and listen for the approach of vehicles, and (2) in refusing to grant a new trial because of the bias and prejudice of the jury.

It is apparent that the first error assigned can become material only in cáse it relates to the question of contributory negligence, because all other questions were answered favorably to the plaintiff. The instruction complained of is as follows:

“On the other hand, every operator of an automobile has the right to assume and act upon the…

2Cases cited14 opinions

  1. Mauch v. City of HartfordWisconsin Supreme Court · 1901
  2. J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
  3. Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
  4. Bartlett v. CollinsWisconsin Supreme Court · 1901
  5. Rhyner v. City of MenashaWisconsin Supreme Court · 1900

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

3Cited by2 opinions

  1. After Hour Welding, Inc. v. Laneil Management Co.Wisconsin Supreme Court · 1982
  2. After Hour Welding, Inc. v. Laneil Management Co.Court of Appeals of Wisconsin · 1981

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