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QUADY v. SICKL

260 Wis. 348 (1951)

QUADY, Plaintiff and Respondent, vs. SICKL, Defendant: BELDEN and another, Defendants and Respondents: PANKRATZ and others, Defendants and Appellants.

Supreme Court of Wisconsin.

January 8, 1952.

Attorney(s) appearing for the Case

For the appellants there were briefs by Genrich & Terwilliger, attorneys, and Emil A. Wakeen, Walter H. Piehler, and Neil M. Conway of counsel, all of Wausau, and oral argument by Herbert Terwilliger.

For the respondent David E. Quady there was a brief by Spohn, Ross, Stevens & Lamb, attorneys, and Frank A. Ross and James F. Spohn of counsel, all of Madison, and oral argument by James F. Spohn and Frank A. Ross.

For the respondents William Ellsworth Belden and Continental Casualty Company there was a brief by Smith, Okoneski, Puchner & Tinkham of Wausau, and oral argument by Charles F. Smith.

GEHL, J.

A number of errors are assigned. In our view of the case only one need be considered—the contention that the negligence of the plaintiff must be held as a matter of law to be as great or greater than that of Pankratz. We have held that it is in rare cases where we will disturb a jury's comparison of negligence, and that the instances in which it can be said as a matter of law that the negligence of the plaintiff is equal to, or greater than, that of...

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