Otis v. Town of Janesville
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. Action for injuries to tbe person alleged to have been caused by a defective highway. It appeared that plaintiff and several other persons, at the time of the accident, were riding along the highway in a private conveyance drawn by a horse which was driven by one of the party, and defendant sought to show, among other things, that the accident was caused by negligence in driving.
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APPEAL from tbe Circuit Court for Walworth County. Action for injuries to tbe person alleged to have been caused by a defective highway. It appeared that plaintiff and several other persons, at the time of the accident, were riding along the highway in a private conveyance drawn by a horse which was driven by one of the party, and defendant sought to show, among other things, that the accident was caused by negligence in driving. The defendant appealed from a j udgment in favor of the plaintiff.
1Opinion of the CourtOktoN, J.
The injury of the plaintiff occurred by being thrown from a conveyance driven and managed by another, whose negligence, if any there was, must be imputed to her. Prideaux et ux. v. The City of Mineral Point, 43 Wis., 513. Such negligence, therefore, was a very material question in the case, and should have been very clearly and fully submitted *423to the jury, by instructions not liable to any doubt or uncertainty. The distinction between slight negligence and slight want of ordinary care may be clear enough to a lawyer, but not so clear to those not educated in the law.
If slight negligence of…
2Cases cited3 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Cremer v. Town of PortlandWisconsin Supreme Court · 1874
- Hammond v. Town of MukwaWisconsin Supreme Court · 1876
3Cited by13 opinions
- Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Reiter v. GroberWisconsin Supreme Court · 1921
- Follman v. City of MankatoSupreme Court of Minnesota · 1886
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