157 Wis. 191 | Wis. | 1914
Plaintiff claimed tbat be rang tbe bell notifying tbe motorman tbat be desired to aligbt at tbe next regular stopping place, and that preparatory to getting off he-walked to tbe steps of tbe car and stood there bolding on to tbe side-bars ready to aligbt when tbe car should come to a full stop; tbat tbe car slowed up, but instead of coming to a
There was some conflict or confusion in the evidence as to whether or not plaintiff rang the bell in time to have the car stopped at Ninth avenue or at Tenth avenue, and the court, upon the question of plaintiff’s contributory negligence, charged the jury:
“In connection with this question you are instructed that the plaintiff as a passenger had no right to demand that the car should be, or expect that it would be, stopped to let him off, excepting when the car reached its regular stopping place, namely, at the end of the block.”
It is claimed by plaintiff that this instruction is erroneous because there was evidence to show the regular stopping place was at the beginning and not at the end of the block, and
The contention that the court erred in reinst'ructing the jury upon their request because the clerk’s minutes do not show that court was in session or open, but merely that the “jury returned into court,” though such return into court was as late as 11:10 p. m., is too trivial for serious discussion.
Counsel for plaintiff were not present when the jury was reinstructed. No duty devolved upon the court to send for them or wait their return. If counsel voluntarily absent themselves from court after the jury has been sent out to deliberate upon their verdict, the court is under no obligation to either send or wait for them before reinstructing the jury or receiving their verdict. Such a rule would in many cases seriously and needlessly hamper trial judges in the discharge of their duties. Where, however, their attendance can be procured without unreasonable delay, it is better practice to do so. Meier v. Morgan, 82 Wis. 289, 52 N. W. 174; Hurst v. Webster Mfg. Co. 128 Wis. 342, 107 N. W. 666.
'By the Court. — Judgment affirmed.