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eBook details

• Title: Andrew Peterson v. Ed Magnus and Mutual
• Author : Supreme Court of Wisconsin
• Release Date : January 03, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

This action was commenced on November 29, 1954, and was brought for the recovery of damages suffered as a result of an automobile
collision. On October 29, 1954, plaintiff was a carpenter employed by one Durand at Spooner, Wisconsin. He and other employees
of Durand, including the defendant Ed Magnus, were engaged on a job at Centuria, Wisconsin, approximately 60 miles from Spooner.
The employees had an arrangement by which one of them drove his car to and from Spoonder, carrying the others as his passengers.
It was their custom to leave Spooner at about 6:30 a. m. to arrive at Centuria at about 7:30 or shortly thereafter. Plaintiff testified: On the morning in question Magnus, driving his car with the plaintiff and other employees as passengers,
left Spooner at about 6:30 a. m. Plaintiff was seated in the rear seat on the right side of the car. The road was slippery
and there was some snowfall. Plaintiff noticed that the car seemed to skid a little at times. The party reached Cumberland,
a city about 20 miles sough of Spooner, at about 6:45 a. m. After leaving Cumberland they 'came up over a hill,' and found
a car ahead of them which Magnus tried to pass. Magnus 'had almost got around to the front of that car' when they saw a car
coming toward them. Magnus pulled his car to his left and it was struck at its right fender by the oncoming car. When they
first saw the oncoming car it was about 300 feet ahead of them. When Magnus was passing the car ahead of him he was traveling
at the rate of about 45 or 50 miles per hour. As he was about to pass the car there was a cloud of snow thrown by it. When
he, plaintiff, first saw the oncoming car the Magnus car was almost abreast of the car which Magnus was trying to pass. When
he, plaintiff, first saw the oncoming car, he heard some one say 'there is a car coming Ed' (Magnus). On cross-examination
he testified that Magnus was a fast driver and that several times he drove faster than was proper and safe, and he thought
that October 29 was one of those times. He never complained about Magnus' driving. The snow which was thrown by the wheels
of the car preceding the Magnus car was thrown just as the Magnus car was pulled up beside it and obscured the view ahead.
Before Magnus tried to pass the other car he was traveling 'up a little too close to him.' At the place of the collision the
road was straight and level. Magnus did not seem to drive differently on October 29 than he had on other occasions, 'except
maybe a little too fast for the road,' which was slippery with snow. He did not complain of the manner in which Magnus drove;
he thought that Magnus was driving too fast for safety.

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