Ouellette v. Superior Motor & Machine Works
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: EeaNK A. Ross, Circuit Judge. On September 4, 1912, while plaintiff was standing at the southwesterly intersection of Tower avenue and North Twelfth street, in the city of Superior, between the curb and the street-car track, waiting to board a south-bound car on Tower avenue, he was run down by an automobile driven by one Knutson, an employee of the defendant, and this action was brought to recover damages for…
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Appeal from a judgment of tbe circuit court for Douglas county: EeaNK A. Ross, Circuit Judge. On September 4, 1912, while plaintiff was standing at the southwesterly intersection of Tower avenue and North Twelfth street, in the city of Superior, between the curb and the street-car track, waiting to board a south-bound car on Tower avenue, he was run down by an automobile driven by one Knutson, an employee of the defendant, and this action was brought to recover damages for injuries sustained. The cSíñplaint alleged that the plaintiff was standing at the place where pedestrians usually and…
1Opinion of the CourtBaeNes, J.
The respondent urges that the judgment of' the circuit court is correct (1) because the driver of the automobile was not negligent; (2) because the plaintiff was guilty of contributory negligence; and (3) because the relation of master and servant did not exist between the defendant and the driver of the automobile at the time of the accident, at least not to the extent that the rule of respondeat superior applies in the case.
1. The evidence offered in behalf of the defendant tended to show that the automobile was running very slowly at the time of the collision; that the plaintiff was…
2Cases cited14 opinions
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Steffen v. McNaughtonWisconsin Supreme Court · 1910
- Reynolds v. BuckSupreme Court of Iowa · 1905
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Cunningham v. CastleAppellate Division of the Supreme Court of the State of New York · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rankin v. Nash-Texas Co.Texas Supreme Court · 1937
- Walmer-Roberts v. HennesseySupreme Court of Iowa · 1921
- Tornroos v. R. H. White Co.Massachusetts Supreme Judicial Court · 1915
- Day v. CunninghamSupreme Judicial Court of Maine · 1926
- Ridge v. JonesSupreme Court of Missouri · 1934
13 more not listed; retrieve them via the Exa API.