AUGUSTIN v. MILWAUKEE E. R. & T. CO.


259 Wis. 625 (1951)

AUGUSTIN (Lois), Plaintiff and Respondent, vs. MILWAUKEE ELECTRIC RAILWAY & TRANSPORT COMPANY, Defendant and Appellant: AUGUSTIN (Frank) and another, Defendants and Respondents.

Supreme Court of Wisconsin.

November 6, 1951.


Attorney(s) appearing for the Case

For the appellant there were briefs by Shaw, Muskat & Paulsen of Milwaukee, and oral argument by Carl Muskat.

Cornelius P. Hanley of Milwaukee, for the respondent Lois Augustin.

For the respondents Frank Augustin and General Accident Assurance Corporation there was a brief by Lines, Spooner & Quarles, attorneys, and Charles B. Quarles and Irving T. Babb of counsel, all of Milwaukee, and oral argument by Mr. Babb.

Terence N. Hickey of Menomonie, for the respondent Frank Augustin.


MARTIN, J.

The testimony recited above is sufficient to show the conflict presented by the evidence. The issues as to the negligence of the motorman and of Frank Augustin were properly for the jury and there is ample evidence to sustain the jury's findings thereon.

The principal question involved in this appeal is whether the verdict returned by the jury is sufficient to sustain a judgment. The appellant Transport Company bases its appeal upon the contention...

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