Knapp v. Sommerville

• Citation: 196 Wis. 54,219 N.W. 369
• Parties: KNAPP v. SOMMERVILLE.
• Decision Date: 08 May 1928
• Court: United States State Supreme Court of Wisconsin

196 Wis. 54

219 N.W. 369

KNAPP

v.SOMMERVILLE.

Supreme Court of Wisconsin.

May 8, 1928.

Appeal from a judgment of the Circuit Court of Milwaukee County; Walter Schinz, Judge.

Action by Nina Knapp, administratrix of the estate of Harry Knapp, deceased, against Austin Sommerville. Judgment for defendant, and plaintiff appeals. Affirmed.--[By Editorial Staff.]

Action begun on the 13th day of April, 1925; judgment entered November 10, 1927. Action to recover damages for injuries due to an automobile collision. Plaintiff was nonsuited, and appeals from the judgment entered thereon.John W. Kintzinger, of Dubuque, Iowa, and Hill, Thomann & Beckwith, of Madison, for appellant.

Rodger M. Trump, of Milwaukee, for respondent.

ROSENBERRY, J.

The material facts are as follows: On November 1, 1924, two trucks owned by the defendant and driven by two of its employees, while traveling toward Madison, stopped on the northerly side of the traveled portion of state trunk highway No. 19, approximately 750 feet easterly of the easterly limits of the city of Madison. A Chevrolet truck was leading, and was stopped approximately between the center line of the tarvia portion of the highway and the northerly edge of the traveled portion of the highway. This truck was followed by a Ford truck, with the rear end of which deceased's car subsequently collided. The right front wheel of the Ford truck was near the northerly edge of the tarvia, and the body of the truck diagonally across the right-hand side of the tarvia, with the left rear wheel at or just over the center line of the road. Both trucks were painted black, including the cab, platform, rear wheels, and axle. The trucks had no front lights, and the Ford truck had no tail-light. Nor was there anything on the rear of the Ford truck which tended to reflect the lights of an approaching automobile.

On the evening in question, the deceased was driving a Ford roadster, and had with him one Claude Tiberghien, who was the owner of the car. The deceased was driving at the rate of about 25 miles per hour as he approached the city. The Ford car was equipped with lights, so that under ordinary conditions its occupants could see an object the size of a man 200 or 300 feet ahead of them. As the deceased and Tiberghien approached the point of collision, and were approximately 250 or 300 feet easterly of it, an automobile traveling toward the city, which had been following the Ford car, started to pass the deceased's...