NINNEMAN v. SCHWEDE


258 Wis. 408 (1951)

NINNEMAN, Appellant, vs. SCHWEDE and another, Respondents.

Supreme Court of Wisconsin.

February 6, 1951.


Attorney(s) appearing for the Case

For the appellant there was a brief by Genrich & Terwilliger, attorneys, and Emil A. Wakeen and Walter H. Piehler of counsel, all of Wausau, and oral argument by Herbert Terwilliger.

For the respondents there was a brief by Smith, Okoneski, Puchner & Tinkham of Wausau, and oral argument by Richard P. Tinkham.


GEHL, J.

Sec. 85.44 (4), Stats., provides:

"Every pedestrian crossing a highway at any point other than a marked or unmarked crosswalk shall yield the right of way to vehicles upon the highway."

The jury found that plaintiff was causally negligent with respect to yielding the right of way, from which follows the necessary inference that they concluded that when he was struck he was not on the crosswalk. There is credible evidence to support the inference...

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