213 Wis. 55 | Wis. | 1933
This action grows out of an automobile collision which occurred on May 22, 1932, at the junction of county trunk highway A, in Shawano county, and a road known as town-line highway in the town of Bartleme in said county. The plaintiff, Anna Mader, was riding in the car driven by her husband, Joseph E. Mader, and she brings this action to recover damages for physical injuries which she sustained as the result of the collision.
The Mader automobile was proceeding west on county trunk highway A. The Boehm automobile was proceeding south on the town-line highway and at the intersection turned east on county trunk A. The collision occurred between the two automobiles about thirty feet east of the intersection, on the north, or Mader’s right-hand side and Boehm’s left-hand side, of the highway.
The jury found that the defendant Boehm, just prior to the collision, failed to exercise ordinary care in the operation of his automobile, which want of ordinary care constituted the proximate cause of the accident and plaintiff’s injuries. Appellants contend that this finding of the jury was not only influenced by the admission of improper testimony and erroneous instructions, but that it i's not supported by the evidence.
The physician testified that upon his examination of Anna Mader he discovered a traumatic cystocele. He admitted that his diagnosis was based in part upon what she told him with reference to her experiences in and during the accident. It is strenuously urged that he had no right to testify concerning a diagnosis based upon these unsworn statements. However, she testified on the stand fully to the facts which she stated to her physician, and although his original diagnosis might have been based in part upon unsworn statements, the opinion to which he testified upon the stand was not. That opinion was based not only upon unsworn statements made to him, but upon evidence which she gave during the trial. We think the evidence was properly admitted. From this it follows that the judgment in favor of Anna Mader cannot be disturbed.
However, we have left the cross-complaint of the defendants Boehm and the Wisconsin Automobile Insurance Company against Joseph E. Mader for contribution. The jury found that Mader was not guilty of any want of ordinary
“In traversing intersections where the operator does not have a clear view of approaching traffic on the intersecting' highway or highways, the speed of such vehicle shall not be greater than that which will permit the operator to stop within one-half of the distance within which he is able to see approaching traffic.”
Clearly this was such an intersection. Mader, therefore, should have approached it with caution. He should have approached it at such a rate of speed as would have enabled him to stop within one-half of the distance within which he could see approaching traffic. It is clear that he approached the intersection at a much higher rate of speed. Although he testifies that he saw Boehm coming south on the town-line highway when they were both a considerable distance from the intersection, he does not testify that he saw him at any point between that time and the collision. This should have warned him, in the absence of the law, that he should approach the intersection with caution. While at the time he says he saw Boehm he could have stopped within half of the distance to the intersection, nevertheless, as both cars approached the intersection, the speed of each car should have been so reduced as to have enabled them to stop within half the distance they could see approaching traffic. This means that as they approached the crossing the speed of each car should have been correspondingly reduced.
It is perfectly plain that Mader did not approach this crossing at a lawful speed. According to his own testimony, he was fifty feet from the place of the accident when he
By the Court. — That portion of the judgment rendered in favor of Joseph Mader and the Hardware Mutual Casualty Company upon the cross-complaint of Wisconsin Automobile Insurance Company and Joe Boehm is reversed, and cause remanded for a new trial upon such issue. That portion of the judgment in favor of Anna Mader against the Wisconsin Automobile Insurance Company and Joe Boehm is affirmed.