Look v. Johnson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscab M. Ebitz, Circuit Judge. Action to recover damages for personal injury. About 6 o’clock on the morning of August 2, 1914, plaintiff left his horse and wagon standing on Wells street about sixty feet from its intersection with Fourth street. The wagon was backed up to the curb and the horse stood at an angle facing slightly to the west and partly over the car track.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscab M. Ebitz, Circuit Judge. Action to recover damages for personal injury. About 6 o’clock on the morning of August 2, 1914, plaintiff left his horse and wagon standing on Wells street about sixty feet from its intersection with Fourth street. The wagon was backed up to the curb and the horse stood at an angle facing slightly to the west and partly over the car track. A Chicago-bound interurban car approached from the east- and stopped within two or three feet of the horse. The motorman either blew the whistle or rang the…
1Opinion of the CourtViNJE, J.
Defendant takes tbe broad ground tbat, assuming plaintiff’s evidence to be true, it does not as a matter of law show negligence on its part; tbat since it is admitted tbe motorman ran bis car to within three feet of tbe horse standing unattended, sounded the gong and blew the whistle while approaching or close to tbe horse without bis showing any signs of fright, it follows tbat, even if tbe gong was sounded, tbe whistle blown, and tbe air released while plaintiff was taking tbe horse across tbe track, sucb sounds being usual and ordinary ones made by a car when starting, no negligence is…
2Cases cited12 opinions
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
- Wilson v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1904
- Gould v. Merrill Railway & Lighting Co.Wisconsin Supreme Court · 1909
- Abbot v. KalbusWisconsin Supreme Court · 1889
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