Weber v. Swallow
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Some time after 6 o’clock on tbe evening of June 25, 1906, plaintiff, a boy between sixteen and seventeen years of age, was riding a bicycle westward along tbe north side of Wisconsin street in tbe city of Milwaukee.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Some time after 6 o’clock on tbe evening of June 25, 1906, plaintiff, a boy between sixteen and seventeen years of age, was riding a bicycle westward along tbe north side of Wisconsin street in tbe city of Milwaukee. Defendant was coming eastward on tbe south side of tbe street in an automobile, and shortly before coming to Jefferson street, which intersects Wisconsin street at right angles, turned northward for the purpose of going north on Jefferson street. He turned directly back of a street car…
1Opinion of the CourtSiebecKER, J.
The plaintiff and the defendant were both using the street crossing as travelers, the former with his bicycle and the latter with his automobile. Each had a right to use it for this purpose .with a reasonable regard to the rights of the other in his use of it. Under such circumstances the common-law rule controls them in their mutual duties, namely, each party was in duty bound, in view of the place and circumstances, to exercise reasonable care in the use of the crossing.
The jury found defendant guilty of negligence, that such negligence was the proximate cause of plaintiff’s injuries, and…
2Cited by2 opinions
- Luther v. StateIndiana Supreme Court · 1912
- Ehnert v. MewsWisconsin Supreme Court · 1912