200 Wis. 353 | Wis. | 1930
There is no serious or irreconcilable conflict in the evidence. At the time of the accident plaintiff was the fiancée of defendant, and knew that he was an experienced driver and usually drove at from twenty-five to thirty miles per hour on city streets, under ordinary conditions. Plaintiff was injured by the tipping over of the automobile which defendant was driving on a city street and in which plaintiff and another couple were riding as defendant’s
The jury’s special verdict found: (1) That the defendant failed to- exercise ordinary care in respect to the speed of the automobile while approaching the point of collision; (2) that such failure was a proximate cause of the collision; (3) that the defendant was not driving at his usual and customary speed for city driving under like or similar street conditions as he approached the point of collision; (4) that the plaintiff did not fail to protest, prior to the collision, as to the rate of speed at which defendant was driving; (5) that plaintiff sustained damages in the sum of $3,500.
All of those findings, with the exception of the assessment of damages, were well warranted by the evidence, and it was not within the province of the judge to disregard those
On the other hand, the assessment of damages is excessive. In the collision plaintiff’s knee was forced through a window, and she sustained a cut or laceration about one and one-half inches long above the patella, which severed the muscle attachments and which required three stitches, and will leave a scar. The wound bled profusely and there was pronounced swelling. Thereafter, synovitis developed. Plaintiff was unable to walk during the first month, and lost $85 in wages. ' For another month the knee was bandaged and stiff. At the time of the trial, seventeen months after the injury, it still would become discolored, swollen, and painful upon exercising and in damp weather, but there
By the Court. — Judgment reversed, and cause remanded for further proceedings in accordance with this opinion.