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SCHWELLENBACH v. WAGNER

263 Wis. 95 (1953)

SCHWELLENBACH, Plaintiff, vs. WAGNER and others, Respondents: O'BRIEN and another, Appellants.

Supreme Court of Wisconsin.

February 3, 1953.

Attorney(s) appearing for the Case

For the appellants there were briefs by Doar & Knowles of New Richmond, and oral argument by John Doar.

For the respondents there was a brief by Toebaas, Hart, Kraege & Jackman of Madison, and Gwin & Petersen of Hudson, and oral argument by W. L. Jackman.

BROADFOOT, J.

The question of Wagner's negligence in failing to display the red flag was properly submitted, and that matter has been determined by a jury. Whether or not the negligence of Wagner in parking as he did was a proximate cause of the collision has not been answered. There must be a new trial on this question.

At the new trial the court will answer in the affirmative a question directed to Wagner's negligence in parking. He will then have a jury...

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