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WOJAN v. IGL

259 Wis. 511 (1951)

WOJAN, Plaintiff and Respondent, vs. IGL, Defendant and Respondent: BUTLER and another, Defendants and Appellants. [Case No. 47.] BUTLER, Appellant, vs. IGL, Respondent. [Case No. 48.]

Supreme Court of Wisconsin.

October 9, 1951.

Attorney(s) appearing for the Case

For the appellants there was a brief by James R. Durfee, attorney, and Gustav Winter of counsel, both of Antigo, and oral argument by Mr. Winter.

For the respondents there was a brief by O'Melia & Kaye, attorneys, and John F. O'Melia of counsel, all of Rhinelander, for John A. Igl, and Rex M. Smith of Antigo, for Marie Wojan, and oral argument by Mr. John F. O'Melia and Mr. Smith.

MARTIN, J.

There was considerable conflict in the testimony as to how the collision occurred, and the questions as to negligence were properly for the jury. However, the answers to question 2 (causation) and question 6 (comparison of negligence) cannot stand together. The verdict is inconsistent.

If, in answering question 2, the jury had found Igl's negligence as to lookout and control causal, this court would have...

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