Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

Osborne v. Montgomery

Wisconsin Supreme Court
234 N.W. 372 (Wis. 1931)


Osborne v. Montgomery

Facts

A newspaper hired 13-year-old Lester Osborne (plaintiff) to run errands. Osborne was returning to the newspaper on his bicycle. Dudley Montgomery (defendant) lawfully stopped his car on the same road on which Osborne was riding. Montgomery opened the car door to get out just as Osborne was approaching. Osborne’s bicycle hit the car door, tipping the bicycle and throwing Osborne to the ground. Osborne was injured and sued Montgomery for negligence. Montgomery contended that Osborne was contributorily negligent. The trial court's jury instructions included that (1) ordinary care is the degree of care exercised by an ordinarily prudent man under the circumstances; (2) negligence is the lack of ordinary care; and (3) someone is negligent when he, without intending to commit a wrong, acts in some way or fails to take some precaution that, under the circumstances, he should have reasonably foreseen would result in injury or damage. The jury found that Montgomery was negligent in failing to look around before opening the car door and awarded Osborne $2,500 in damages. Montgomery appealed directly to the Wisconsin Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Rosenberry, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial