Monday, November 11, 2013

Osborne v. Montgomery case brief

Osborne v. Montgomery case brief summary
234 N.W. 372 (Wis. 1931)

Defendant driver appealed from a decision of the Circuit Court for Dane County (Wisconsin), which entered judgment in favor of plaintiff, an injured 13-year-old boy, in the boy's negligence action.


The boy was injured when the door of the driver's automobile struck the boy's bike. The driver contended that the boy was guilty of contributory negligence, that damages were excessive, and that the trial court erroneously instructed the jury.


In reversing and remanding, the court held that the evidence presented a clear jury question as to whether or not the boy was guilty of contributory negligence. The court concluded that jury instructions were improper.


The court reversed the decision of the trial court and remanded for further proceedings.

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