Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin (149)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... Assumption Of Risk. See Instructions To Jury, 4. Master And Servant, 10, 11. Railroads, 3. Attorney And Client. See Criminal Law, 14-16. Trial, 5, 6. Authority. See Principal And Agent. AUTOMOBILES. See Master And Servant, 16-18. Principal And Agent. Gross negligence in management: Instructions to jury. 1. In an action for death of plaintiff's intestate, alleged to have been caused by defendant's wanton and reckless driving of his automobile in which the deceased was riding, by reason of which the car ran into a ditch and was overturned, evidence, stated in the opinion, is held to sustain findings by the jury, approved by the trial court, to the effect that the defendant was not running the car at an unlawful rate of speed as he approached the place in question, and that he did not run it rashly, recklessly, or wantonly, and in disregard of the safety of others. Barlow v. Foster, 613 2. Instructions to the jury, with reference to the question whether the car approached the place at an unlawful speed, distinguishing between that period of time and a subsequent period, and stating that evidence as to a sudden speeding up of the car in the effort to keep it from skidding into the left-hand ditch had nothing to do with the question then under consideration, did not invade the province of the jury and were correct. Ibid. 3. The jury having acquitted defendant of running the car at an unlawful speed and of all the essentials of gross negligence, the question of proximate cause is immaterial and its submission to the jury not prejudicial. Ibid. 4. An instruction as to the meaning of the word wilfully in a question submitted to the jury, which was correct as far as it went but did not define the term as specifically as it might, was not...