WATLAND v. FARMERS MUT. AUTOMOBILE INS. CO.


261 Wis. 477 (1952)

WATLAND, Appellant, vs. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

May 6, 1952.


Attorney(s) appearing for the Case

Vaughn S. Conway and Kenneth H. Conway, both of Baraboo, for the appellant.

For the respondents there was a brief by Langer & Cross of Baraboo, and oral argument by H. M. Langer and Clyde C. Cross.


MARTIN, J.

The primary question presented is that of assumption of risk. Wittenburg was found by the jury to have been causally negligent with respect to driving while under the influence of intoxicating liquor, and there was ample credible evidence upon which the jury could so find. Testimony of both Wittenburg and the appellant clearly showed that a great deal of whiskey had been consumed by them during the course of the evening. They were together during all of...

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