201 Wis. 193 | Wis. | 1930
No errors relating to the findings of the jury upon the questions of negligence are claimed by appellant except those involved under his contentions that the defendant was not guilty of negligence as matter of law; that Stoll was guilty of contributory negligence as matter of law; that Helgoe was guilty of contributory negligence as matter of law; and that if Helgoe was not guilty he was not a guest
The defendant’s automobile was parked on the right side of the road in front of a cheese factory partly within and partly without the highway, where he had left it while unloading a can of milk. The defendant had emptied his milk and replaced the empty can in his car. He claims that he looked to his left as he returned to the car, looked again after passing in front of his car and again after shutting the rear door after putting in the empty can, and that he did not see the other car approaching. He claims to have looked to the left and right just before starting his car, but not through the back window. From the testimony of Stoll and other evidence it appears without dispute or might reasonably be inferred that Stoll, the driver of the Ford, was approaching from behind defendant’s car driving about the middle of a three-rod road eighteen feet wide in the graveled part. He saw the defendant’s car standing still facing towards the center of the road at a slight angle. As he came close to the parked car the defendant suddenly shot into him. Stoll had come around a turn in the road 370 feet to the rear of the parked car, slacking his speed to ten miles an hour at the turn. He had increased his speed to fifteen or twenty miles an hour by the time he reached defendant’s car. The front of his car struck and followed the running-board of defendant’s car. His right front wheel apparently jumped and struck on top of the rising part of defendant’s left front fender and plaintiff’s car tipped over. The defendant on starting his car turned it towards the left. He started up so suddenly and fast that the rear wheels threw up gravel. As the plaintiffs approached they noticed some men working on the roof of a house near the place of accident and exchanged salutations with them without stopping.
It is strenuously urged by appellant’s counsel that the
Appellant’s counsel also contend that the damages assessed by the jury are excessive. Helgoe’s injuries consisted of fractures of both bones of one leg below the knee, with fragments of bone between the parts of the broken bones, preventing reduction in the usual manner, so that a metal plate had to be applied. His right shoulder blade was fractured. His eighth and ninth ribs were torn loose from their connection with the breast bone and there is now a lump the size of a hen’s egg at their place of union. There was a dislocation or fracture at the juncture of two sections of the breast bone at their line of union and a deformity now exists^ at this line. An operation on the prostate gland was precipitated by reason of the patient being required to lie on his back in the hospital, which operation might not have been necessary otherwise for eight or ten years, if ever. Anaesthetics were twice applied in the reduction of the fractured leg. Opiates were given to relieve the patient’s pain while in the hospital. The broken shoulder blade united
Stoll was knocked unconscious. His head was skinned, ear smashed, right shoulder hurt, left shoulder bruised. There is a scar from his left eye to his left ear. There was a hole in his leg as big as a half dollar which is now healed up. He was black and blue for three weeks and suffered much pain. His left shoulder pains yet all the time, and the pain runs down his arm over his hand. One finger was cut. He is not as able to work as before. His right arm is not getting better. He began working some on his farm three or four days after the injury, choring, driving team, and
The awards of damages, especially to Stoll, are doubtless liberal, but we consider that they are not beyond what the jury might properly award.
By the Court. — The judgments are affirmed.