VoLland v. McGee

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtFAIRCHILD
Citation300 N.W. 506,238 Wis. 598
Decision Date04 November 1941
PartiesVOLLAND v. McGEE et al.

238 Wis. 598
300 N.W. 506

VOLLAND
v.
McGEE et al.

Supreme Court of Wisconsin.

Nov. 4, 1941.


Appeal from a judgment of the Circuit Court for Shawano County; Henry A. Graass, Judge.

Reversed.

Action commenced January 6, 1939, by Harold Volland against William McGee and his insurance carrier, the Saint Paul Mercury Indemnity Company, for damages resulting from an automobile collision. The defendant McGee interposed a counterclaim against plaintiff and cross complained against the interpleaded defendant, the American Automobile Insurance Company. The judgment dismissed the action and all claims. Plaintiff appeals.

The collision occurred early in the morning of December 13, 1938, on Highway 47. Plaintiff was driving south and defendant north. The two cars collided in the west lane of travel of the road on the inside of a curve where the highway which runs in a general north and south direction curves toward the northwest. The weather conditions were favorable but the roadway was icy and there was a slight downward slope toward the north on the curve. The highway was banked somewhat so as to be lower on the west side. The plaintiff was thus traveling up a slight grade as he approached the point of collision. Defendant's car turned crosswise of the road facing west and was struck on its right side by the front of plaintiff's automobile.

Defendant testified that he turned his car into the west lane because he thought plaintiff was on the wrong side of the road and that he turned to avoid what he thought would be a head-on collision. The evidence showed that defendant was on his side of the road until but 50 feet from the point of the accident and that he suddenly swung over to his left in front of the plaintiff. Skid marks extended in an arc from the east side of the highway over to the point on the west side where the collision took place. The plaintiff's version is that he applied his brakes as soon as he saw the defendant crosswise in front of him but that he was unable to stop before running into defendant's car.

A trial was had to the court and jury. A special verdict was rendered in which the findings are that plaintiff was guilty of negligence as to speed and that such speed was a natural cause of the accident; that defendant was negligent in operating his automobile on the left side of the highway and that such negligence was a natural

[300 N.W. 507]

cause of the accident. The negligence of each party was assessed at 50 per cent. Judgment was entered on December 28, 1939, dismissing plaintiff's complaint and defendant's counterclaim and cross complaint.

Fischer, Brunner & Strossenreuther, of Shawano (Eberlein & Eberlein, of Shawano, of counsel), for appellant.

Genrich & Genrich, of Wausau (Herbert L. Terwilliger, James A. Fitzpatrick, and William J. Hoffmann, all of Wausau, of counsel),...

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7 practice notes
  • Utility Trailer Works v. Phillips, 3 Div. 454.
    • United States
    • Supreme Court of Alabama
    • November 21, 1946
    ...provisions in the manner above indicated. Mitchell v. Melts, supra; McGill v. Baumgart, 233 Wis. 86, 288 N.W. 799; Volland v. McGee, 238 Wis. 598, 300 N.W. 506. The portion of the trial court's instructions which related to the territory or land shown to have been used as a parking lot was ......
  • Dungey v. Fairview Farms
    • United States
    • Supreme Court of Oregon
    • October 6, 1955
    ...154 Neb. 671, 48 N.W.2d 839; Floeck v. Hoover, 52 N.M. 193, 195 P.2d 86; Mitchell v. Melts, 220 N.C. 793, 18 S.E.2d 406; Volland v. McGee, 238 Wis. 598, 300 N.W. 506; McGill v. Baumgart, 233 Wis. 86, 288 N.W. Although there are authorities which apparently announce a contrary doctrine, neve......
  • Bump Pump Co. v. Waukesha Foundry Co.
    • United States
    • United States State Supreme Court of Wisconsin
    • November 4, 1941
    ...York Automobile Co. v. Franklin, 49 Misc. 8, 97 N.Y.S. 781;Detroit Testing Laboratory v. Robison, 221 Mich. 442, 191 N.W. 218, 220; [300 N.W. 506]Gear Grinding Mach. Co. v. Stuber, 282 Mich. 455, 276 N.W. 514;American Stoker Co. v. Underfeed Stoker Co., C.C., 182 F. 642, are most closely in......
  • FLOECK v. HOOVER, No. 5087
    • United States
    • July 12, 1948
    ...The Supreme Court of that state in construing their statute in McGill v. Baumgart, 233 Wis. 86, 288 N.W. 799, and in Volland v. McGee, 238 Wis. 598, 300 N.W. 506, held that it is the frontage of the buildings within the 300 foot area that determines whether the scene of an accident is a res......
  • Request a trial to view additional results
7 cases
  • Utility Trailer Works v. Phillips, 3 Div. 454.
    • United States
    • Supreme Court of Alabama
    • November 21, 1946
    ...provisions in the manner above indicated. Mitchell v. Melts, supra; McGill v. Baumgart, 233 Wis. 86, 288 N.W. 799; Volland v. McGee, 238 Wis. 598, 300 N.W. 506. The portion of the trial court's instructions which related to the territory or land shown to have been used as a parking lot was ......
  • Dungey v. Fairview Farms
    • United States
    • Supreme Court of Oregon
    • October 6, 1955
    ...154 Neb. 671, 48 N.W.2d 839; Floeck v. Hoover, 52 N.M. 193, 195 P.2d 86; Mitchell v. Melts, 220 N.C. 793, 18 S.E.2d 406; Volland v. McGee, 238 Wis. 598, 300 N.W. 506; McGill v. Baumgart, 233 Wis. 86, 288 N.W. Although there are authorities which apparently announce a contrary doctrine, neve......
  • Bump Pump Co. v. Waukesha Foundry Co.
    • United States
    • United States State Supreme Court of Wisconsin
    • November 4, 1941
    ...York Automobile Co. v. Franklin, 49 Misc. 8, 97 N.Y.S. 781;Detroit Testing Laboratory v. Robison, 221 Mich. 442, 191 N.W. 218, 220; [300 N.W. 506]Gear Grinding Mach. Co. v. Stuber, 282 Mich. 455, 276 N.W. 514;American Stoker Co. v. Underfeed Stoker Co., C.C., 182 F. 642, are most closely in......
  • FLOECK v. HOOVER, No. 5087
    • United States
    • July 12, 1948
    ...The Supreme Court of that state in construing their statute in McGill v. Baumgart, 233 Wis. 86, 288 N.W. 799, and in Volland v. McGee, 238 Wis. 598, 300 N.W. 506, held that it is the frontage of the buildings within the 300 foot area that determines whether the scene of an accident is a res......
  • Request a trial to view additional results

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