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159 Wis. 251

Pietsch v. McCarthy

Wisconsin Supreme Court

Decided January 12, 1915

Wisconsin Supreme Court · decided 1915-01-12

Williams, Circuit Judge. Plaintiff brought this action in tbe civil court of Milwaukee county to recover damages caused to his automobile by running into the rear of a wagon that was being driven by the defendant on one .of the streets of the city of Milwaukee. The collision occurred shortly after 6 o’clock on October 10, 1913. It was drizzling rain and quite dark. The alleged negligence of the defendant consisted in not carrying a light as required by a city ordinance.

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1915-01-12

How this case has been cited

Cited by 17 later decisions — most recently July 2022

17 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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TimliN, J.

¶1(dissenting). In considering this case I found no reason for reversing the order of the court below. A careful reading of the majority opinion discloses no such reason unless it is desirable to give the respondent more than he claims or to strike the appellant a little harder than he was ■stricken by the court below, or both. A suggestion in the *256opinion with reference to bow, those of the future may regard it meets my approval. It is quite a novel view that considerations which malte for the affirmance of an order granting a new trial under such circumstances are abhorrent technicalities.

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