Osborne v. Montgomery case brief summary
234 N.W. 372 (Wis. 1931)
CASE FACTS
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.
DISCUSSION
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.
CONCLUSION
The court reversed the decision of the trial court and remanded for further proceedings.
Suggested Study Aids For Tort Law
234 N.W. 372 (Wis. 1931)
CASE SYNOPSIS
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.CASE FACTS
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.
DISCUSSION
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.
CONCLUSION
The court reversed the decision of the trial court and remanded for further proceedings.
Suggested Study Aids For Tort Law
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