Barlow v. Foster
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Cuestes A. Eowlee, Judge. Action to recover damages sustained, by the statutory claimants in such cases, for the alleged negligent killing of plaintiff’s intestate.
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Appeal from a judgment of the circuit court for Winnebago county: Cuestes A. Eowlee, Judge. Action to recover damages sustained, by the statutory claimants in such cases, for the alleged negligent killing of plaintiff’s intestate. The theory of plaintiff is that defendant, in the nighttime of October 13, 1910, while operating his automobile and having the intestate, by invitation, as a companion, drove along a tumpiked country road between the city of Omro and city of Oshkosh, — well knowing the condition thereof, including all dangers to be avoided, particularly those caused by bridges,…
1Opinion of the CourtMaeshall, J.
Thus the alleged cause of action was for injuring deceased with actual or constructive intent to do so, resulting in his death. The gist of the matter was submitted to the jury in the question as to whether defendant ran the car wilfully and rashly, recklessly or wantonly, and in total disregard of the safety of others. In short, as to whether he committed the very serious wrong, — widely distinguishable from one resting in mere want of ordinary care, — of actual or constructive intent to injure. The court thus early characterized that degree of negligence which is not defendable by ordinary…
2Cases cited8 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Burns v. StateWisconsin Supreme Court · 1911
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Bielski v. SchulzeWisconsin Supreme Court · 1962
- Baldwin v. WingfieldSupreme Court of Arkansas · 1935
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Humphries v. KendallSupreme Court of Arkansas · 1937
- Kelley v. StateWisconsin Supreme Court · 1971
26 more not listed; retrieve them via the Exa API.