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Osborne v. Montgomery

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


A newspaper hired Lester Osborne (plaintiff), age thirteen, to run errands. Osborne was returning to the newspaper on his bicycle. 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 and threw him to the ground, causing injuries. Osborne sued Montgomery on negligence grounds. Montgomery contended that Osborne was contributorily negligent. The trial court judge instructed the jury that negligence was the want of ordinary care. The jury found that Montgomery was negligent in failing to look around before opening the car door. Montgomery appealed directly to the Wisconsin Supreme Court.

Rule of Law


Holding and Reasoning (Rosenberry, C.J.)

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