Osborne v. Montgomery

203 Wis. 223, 234 N.W. 372 (1931)

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Nature of the Case

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Facts

Osborne (P), thirteen-years-old, was riding errands on his bike for the local newspaper. P was riding behind Montgomery (D) who eventually parked on the road with his left car door open. As the car door opened Osborne (P) was riding by and tried to swerve around it but hit D's car door. P was injured when his bike handlebar hit D's door. It was held that it was a jury question whether the driver was negligent and the boy not contributorily negligent. The jury found that D was not negligent in his choice of parking spaces but that he was negligent in failing to look before he opened the door. P got the verdict for $2,500. D appealed. The jury instructions were questioned.