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Osborne v. Montgomery

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


Facts

Lester Osborne (plaintiff), age thirteen, was employed to run errands for a newspaper. On August 30, 1928, he was returning to the newspaper on his bicycle. Montgomery (defendant) had just 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 the ground that Montgomery was negligent. At trial the jury was instructed that negligence is the “want of ordinary care.” The jury found that Montgomery was negligent in failing to look around before opening his car door and awarded Osborne $2,500 in damages. Montgomery appealed.

Rule of Law

Issue

Holding and Reasoning (Rosenberry, C.J.)

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