Webster v. Heyroth

• Citation: 43 N.W.2d 23,257 Wis. 238
• Parties: WEBSTER, v. HEYROTH et al.
• Decision Date: 06 June 1950
• Court: Wisconsin Supreme Court

Page 23

43 N.W.2d 23

257 Wis. 238

WEBSTER, v. HEYROTH et al.

Supreme Court of Wisconsin.

June 6, 1950.

Wm. A. Schroeder, C. M. Hanratty, Milwaukee, for appellant.

Hannan, Johnson & Goldschmidt, Milwaukee, Herbert L. Wible, Milwaukee, of counsel, for respondents.

FRITZ, Chief Justice.

The accident in question happened after midnight in the intersection of W. National Avenue, extending east and west, and S. 27th Street, which extends north and south, and is a wide street with a center grass plot 14 feet wide between an east and a west driveway,--28 feet wide,--for north and south-bound traffic, respectively. At the corners of the intersection there were the customary red, green and amber automatic traffic signal lights for the regulation and control of vehicular and pedestrian traffic. The defendant Heyroth, driving his automobile northward on the east driveway, entered the intersection about 7 feet to the west of a northbound bus which had stopped at the east curb of S. 27th Street. The plaintiff Webster was the first passenger who alighted from the front door of the bus and he intended to walk across S. 27th Street from the southeast to the southwest corner of the intersection. The south crosswalk at that intersection was marked by two painted yellow lines. The north line was an extension westward of the south curb line of W. National Avenue and the south line was 10 feet south of the north line. For the traffic signal lights at the southeast corner of the intersection there was an iron utility pole about 8 feet south of the south line of the crosswalk; and the bus from which plaintiff alighted stopped somewhat to the south of that pole to discharge and take on passengers.

The crucial issues under the evidence introduced on the trial were (1) whether plaintiff walked within the painted lines of the marked crosswalk, or whether he was south thereof, where he was struck by the right front corner of the bumper of Heyroth's car; and (2) whether, if plaintiff was on the crosswalk and was the first to enter the intersection, the signal lights were then in his favor, or whether, if Heyroth was the first to enter the intersection, the signal lights were then in his favor.

Without apparent dispute the evidence establishes that when plaintiff was struck by the automobile bumper he was at a point about 7 feet beyond, or that he had taken one or two steps beyond the west side of the parked bus, which was about 8 feet wide and was standing 1 to 3 feet from the east curb of the street; and that upon being struck plaintiff fell and rolled ahead and came to a stop on or just...