OSBORNE V. MONTGOMERY
203 Wis. 223, 234 N.W. 372 (1931)
NATURE OF THE CASE: Montgomery (D) appealed a decision, which entered judgment in favor
of Osborne (P), an injured 13-year-old boy, in P's negligence action.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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