Suren v. Zuege
| Decision Date | 13 January 1925 |
| Citation | 186 Wis. 264,201 N.W. 722 |
| Parties | SUREN v. ZUEGE. |
| Court | Wisconsin Supreme Court |
Appeal form Circuit Court, Winnebago County; Fred Beglinger, Judge.
Action by John Suren against John Zuege. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.
The plaintiff, a motorcycle policeman of the city of Oshkosh, recovered a judgment against the defendant for personal injury, Algoma Boulevard, with a 16-foot cement roadway runs northerly through the city of Oshkosh and, near the city limits, runs along the east edge of the cemetery. A street car track is alongside and about 7 feet east from the cement roadway. There are two entrances on this side of the cemetery 582 feet apart.
At about 7 p. m. May 22, 1923, the defendant with his wife was driving north on the right-hand side of the cement roadway and at a rate of speed not in excess of 20 miles per hour. The plaintiff started on his motorcycle in pursuit of an automobile being driven in violation of law at an excessive rate of speed northerly, and which overtook and passed defendant's automobile when the latter was near the southerly or first of the two entrances. Somewhere between the two entrances the fleeing automobile passed another car driven by one Campbell coming in the opposite direction. Plaintiff was driving at not less than 40 to 45 miles per hour, keeping to the left-hand side of the road in order to have better opportunity of keeping watch of the fleeing automobile approaching and other vehicles on the highway. Plaintiff passed the Campbell car by turning somewhat to the right and then onto the left side and, according to his testimony, when within 10 or 15 feet of defendant's car and just about opposite the second entrance, defendant made a left turn, and as the rear wheels of his car were about leaving the cement roadway, the right-hand side of plaintiff's motorcycle crashed into the rear left-hand side of defendant's automobile. Plaintiff was thrown onto the street car track, his motorcycle crossing the same and dashing into a tree a little south and east of the entrance.
Testimony on behalf of defendant was to the effect that an automobile followed his car about 100 to 150 feet in the rear all the way between the gates. This was denied by plaintiff and others. Defendant testified that a short distance before making the turn he looked in the mirror attached to his windshield, saw such automobile but not plaintiff, and as he started to make the turn applied his brake and displayed a stop or red flashlight in the rear of his car, but could not state positively that he held out his hand or gave any of the customary signals of an intention to turn.
By special verdict it was answered by the court that the plaintiff as police officer was in the discharge of his duties in attempting to apprehend the driver of the fleeing automobile. By the jury: (2) That defendant at the time of his turn to the left failed to give adequate signal of such intention; (3) such failure was a proximate cause; (4) the defendant before making the turn, in the exercise of ordinary care, should have made more frequent observations to the rear for approaching vehicles;...
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Legue v. City of Racine & Amy L. Matsen
...pursuing violators of the automobile code, but did not explicitly provide for the police officer's liability.39 ¶ 73 In Suren v. Zuege, 186 Wis. 264, 201 N.W. 722 (1925), the court interpreted the statute as rendering a police officer liable for breach of the duty of ordinary care for the s......
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Hamilton v. Patton Creamery Co.
...as a matter of law. Pashea v. Terminal R. Assn. of St. Louis, 165 S.W.2d 691, 350 Mo. 132; Hamre v. Conger, 209 S.W.2d 242; Suren v. Zuege, 201 N.W. 722, 186 Wis. 264; Moore v. Fitzpatrick, 31 S.W.2d 590; Smiley Kenney, 228 S.W. 857; Myers v. Nissenbaum, 6 S.W.2d 993; Bates v. Friedman, 7 S......
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Smith v. County of Milwaukee, 89-0876
...twice by this court to determine what duty of care is placed upon the driver of an emergency vehicle. The early case of Suren v. Zuege, 186 Wis. 264, 201 N.W. 722 (1925), involved a pursuit of a speeding motorist by a motorcycle officer. During the course of the chase, the officer collided ......
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France v. Benter
...have held that failure to give a timely warning of intention to pass by sounding a horn is negligence as a matter of law. Suren v. Zuege, 186 Wis. 264, 201 N.W. 722; Kerlinske v. Etzel, 194 Wis. 36, 215 N.W. 591; and Cadwell v. Anschutz, 4 Cal.2d 709, 52 P.2d 916, are cited to this effect. ......