Bryden v. Priem
| Citation | 209 N.W. 703,190 Wis. 483 |
| Parties | BRYDEN v. PRIEM (TWO CASES). |
| Decision Date | 21 June 1926 |
| Court | United States State Supreme Court of Wisconsin |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Waukesha County; C. M. Davison, Judge.
Actions by D. C. Bryden, and by Clifford Bryden by guardian, against B. P. Priem. Judgments for plaintiffs, and defendant appeals. Affirmed.Schoetz, Williams & Gandrey, of Milwaukee (Arthur G. Bury, of Milwaukee, of counsel), for appellant.
Lehner & Lehner, of Oconto Falls, for respondents.
The above-entitled actions were brought to recover damages for personal injuries occasioned by an automobile accident. The cases were consolidated for the purposes of trial in the circuit court, were briefed and argued together in this court, and will be disposed of in a single opinion.
It appears that on the 14th day of October, 1923, the defendant invited the plaintiffs to accompany him on an automobile trip from Fairwater to Green Lake. They accepted. The trip from Fairwater to Green Lake was uneventful. Upon the return trip the Oakland coupé in which they were riding overturned, causing the injuries complained of. It appears that on such return trip the Oakland coupé, driven by the defendant, was followed by a Ford sedan. For about a quarter of a mile immediately before the accident the Oakland coupé was proceeding at a speed of 35 or 40 miles an hour upon a gravel road about 20 feet in width, on either side of which were dirt shoulders 3 feet in width. While proceeding at this speed, the Ford sedan passed the Oakland coupé. In order to permit the Ford sedan to pass in safety, the defendant turned his car to the right, and, because of loose gravel or the slippery clay shoulder, he lost control of the car and it overturned.
It is conceded that the defendant drove the car at a reasonable and lawful rate of speed on the entire trip until within a quarter of a mile of the place where the accident occurred. It is conceded that for a distance of a quarter of a mile prior to the accident the rate of speed was between 35 and 40 miles an hour. The jury found in each case that the defendant was guilty of negligence, and that the plaintiff, D. C. Bryden, did not fail to exercise ordinary care for his own protection at and just previous to the time of the accident proximately contributing to produce his own injuries.
[1][2] It is is contended by appellant that the plaintiff, D. C. Bryden, was guilty of a want of ordinary care in not protesting against the unlawful rate of speed at which defendant was driving. It is well settled that--
“A gratuitous guest cannot idly sit by, observe clear violations of law, in fact acquiesce in them, and then, in the event of an accident, hold his host liable in damages.” Harding v. Jesse (Wis.) 207 N. W. 706, 708;Howe v. Corey, 172 Wis. 537, 179 N. W. 791;Glick v. Baer, 186 Wis. 268, 201 N. W. 752.
It is claimed that because the plaintiff, D. C. Bryden,...
To continue reading
Request your trial
-
Groh v. W. O. Krahn, Inc.
...long enough to give plaintiff an opportunity to protest against such manner of driving is sustained by the evidence. In Bryden v. Priem, 190 Wis. 483, 209 N.W. 703, 704, the court said: “It is claimed that because the plaintiff, D. C. Bryden, did not protest against the unlawful rate of spe......
-
Galveston Truck Line Corporation v. Moore
...S.W. 740; Galveston, H. & S. A. Ry. Co. v. Gibson (Tex.Civ.App.) 38 S.W. 480; Hines v. Meador, 145 Ark. 356, 224 S.W. 742; Bryden v. Priem, 190 Wis. 483, 209 N.W. 703; Boyd v. Husted, 127 A. 667, 3 N.J. Misc. 225; Lilly v. Elm Point Mining Co., 45 N.D. 464, 178 N.W. The judgment of the tria......
-
Haight v. Luedtke
...he drove a distance of 75 feet, which distance at 20 miles per hour would be covered in two and one-half seconds. In Bryden v. Priem, 190 Wis. 483, 485, 209 N.W. 703, 704, the court said: “It is claimed that because the plaintiff, D. C. Bryden, did not protest against the unlawful rate of s......
-
Heckert v. St. Louis Hockey Club
...So, too, in Boyd v. Husted, 127 A. 667, 3 N. J. Misc. R. 225, a permanent scar was left on plaintiff's forehead. And in Bryden v. Priem, 190 Wis. 483, 209 N. W. 703, 704, where a judgment for $1.500 for plaintiff, a three year old boy, was sustained; the injury left some scars, and the cour......