Lemke v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. O. Esohweileb, Circuit Judge. The action is for injuries to Alfred Densow while traveling along the highway in the manner described, by collision of an electric railway car of defendant with the vehicle in which Den-sow was seated.
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Appeal from a judgment of the circuit court for Milwaukee county: E. O. Esohweileb, Circuit Judge. The action is for injuries to Alfred Densow while traveling along the highway in the manner described, by collision of an electric railway car of defendant with the vehicle in which Den-sow was seated. The charges of negligence are: (a) an unusually dangerous rate of speed of the car; (b) failing to ring any gong or bell or give warning; (c) failing to drop the fender of the car; (d) failing and neglecting to reverse the brakes of the car; (e) failing and neglecting to promptly stop the car; (f)…
1Opinion of the Court
■TimliN, J.
By questions 2, 3, and 4 of the verdict three of tbe six grounds of negligence in tbe complaint are established. Tbe other grounds are not found and were dropped out of tbe case, apparently because not supported by evidence or relevant under tbe evidence as tbe facts finally appeared therein. This is tbe usual and proper practice. Tbe third question is faulty, especially because tbe court failed to specify by instructions what are tbe legal tests of a proper and sufficient headlight. This left tbe case exposed on this point to tbe danger of a jury setting up a standard of its own…
2Cases cited9 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Sladky v. Marinette Lumber Co.Wisconsin Supreme Court · 1900
- Bigelow v. DanielsonWisconsin Supreme Court · 1899
- Halwas v. American Granite Co.Wisconsin Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Plummer v. LeonhardWisconsin Supreme Court · 1969
- Garcia v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1950
- Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914