Carley v. Jewett

Decision Date16 November 1948
Citation34 N.W.2d 779,253 Wis. 630
PartiesCARLEY et al. v. JEWETT.
CourtWisconsin Supreme Court

OPINION TEXT STARTS HERE

Appeal from a judgment of the Circuit Court for Richland County; A. W. Kopp, Judge.

Action by Joseph Carley, a minor, by his guardian ad litem, and another against Charles Jewett, for injuries sustained by minor plaintiff when struck by defendant's automobile. From a judgment dismissing their complaint, plaintiffs appeal.-[By Editorial Staff.]

Judgment affirmed by a divided court.

Automobile accident. This action was commenced on December 11, 1946, by Joseph Carley, a minor, by Harold Carley, his guardian ad litem, and Harold Carley in his own right, to recover damages for personal injuries received in an automobile accident alleged to be due to the negligence of the defendant Charles Jewett. The case was tried to the jury and the jury found the defendant negligent with respect to keeping a proper lookout, with respect to speed and with respect to sounding his horn, and that the negligence so found was the cause of the plaintiff Joseph Carley's injuries. The jury also found that Joseph Carley was negligent with respect to keeping a proper lookout before attempting to cross the highway, and with respect to yielding the right-of-way to the defendant's car, and that the negligence so found was a cause of the injury sustained by Joseph Carley, and apportioned the negligence 75% to the defendant and 25% to the plaintiff Joseph Carley, and assessed the damages at the sum of $2,110.

On motions after verdict the court changed the answers to the questions apportioning the negligence. As changed 50% of the negligence was held to be attributable to the plaintiff Joseph Carley and 50% to the defendant Charles Jewett, and judgment was entered accordingly on the 17th day of November, 1947, dismissing the complaint of the plaintiffs, from which the plaintiffs appeal.

Brindley & Brewer, of Richland Center (James G. Robb, of Richland Center, of counsel), for appellants.

Vernon W. Thomson, of Richland Center, for respondent.

ROSENBERRY, Chief Justice.

In this case the court is equally divided. Justices Rosenberry, Fairchild and Martin are of the view that the judgment should be affirmed. Justices Fritz, Wickhem and Hughes are of the view that the judgment should be reversed. This results in affirmance of the judgment by a divided court.

Judgment affirmed.

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2 cases
  • Smith v. Kleynerman
    • United States
    • Wisconsin Supreme Court
    • March 21, 2017
    ...532, 32 N.W.2d 351 (1948) (on appeal).39. In re Klofanda's Will , 252 Wis. 541, 32 N.W.2d 220 (1948) (on appeal).40. Carley v. Jewett , 253 Wis. 630, 34 N.W.2d 779 (1948) (on appeal).41. Halvorson v. Connors , 253 Wis. 629, 34 N.W.2d 778 (1948) (on appeal).42. City of Lake Geneva v. Walwort......
  • Halvorson v. Connors
    • United States
    • Wisconsin Supreme Court
    • November 16, 1948

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