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eBook details

• Title: Mccarty v. Weber Et Al.
• Author : Supreme Court of Wisconsin
• Release Date : January 03, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Dr. Finnegan had attended his patients in the Reedsburg Hospital and had started back to his home in Wonewoc in the forenoon of the day of the accident, driving westerly on West Main Street in Reedsburg. At the same time Norman Weber, 16 years old, came driving his fathers milk truck east on the same highway. When the two cars came in sight of each other they were approximately 1,350 feet apart. They collided and Dr. Finnegan was killed. A number of people had glimpses of each vehicle before the collision but gave no evidence of importance on the questions presented by the appeal. The only evidence concerning the manner in which Finnegan drove is that of Norman Weber. He said that when the doctor came in sight his car was weaving from side to side in the street, and then straightened out and proceeded on the south side, Finnegans left. Weber could not make up his mind whether or not the doctor was intending to turn into some driveway on the south side of the road or whether he intended to go by. There was no other traffic upon the highway and no parked cars so Weber brought his milk truck to about the center of the road, which was approximately 37 feet wide, leaving a clear space of approximately 15 feet on the north side of the highway, Finnegans right-hand side, and a little less than that on the south side, to permit Finnegan to pass him on whichever side Finnegan chose. Some distance before reaching the Weber milk truck Finnegan swerved over onto his proper side but just before passing the truck he started again across the center line, in a southwesterly direction, and ran into the left front corner of the truck. Because the truck was somewhat over the center line the collision occurred on Finnegans proper side of the road. Marks from Finnegans tires tend to corroborate Webers testimony since they come toward the center line, angling across the road from the northeast toward the southwest to the point of collision. Finnegan made no statements concerning the accident before his death. Action was brought by his daughter as special administratrix of his estate. The special verdict contained the usual questions concerning causal negligence. The jury found that Weber was causally negligent by reason of failing to yield one-half of the main traveled road to a vehicle approaching in the opposite direction and that this was causal. They absolved him of negligence as to lookout, management and control, and speed. They put his negligence at 40 per cent of the cause of the collision. The jury found Dr. Finnegan causally negligent as to lookout and as to management and control, and not causally negligent as to speed or to yielding half the highway. His negligence was assessed at 60 per cent.

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