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JOHNSTON v. ESCHRICH

263 Wis. 254 (1953)

JOHNSTON and wife, Plaintiffs and Respondents, vs. ESCHRICH and another, Defendants and Appellants: ALLIED AMERICAN MUTUAL FIRE INSURANCE COMPANY, Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

March 3, 1953.

Attorney(s) appearing for the Case

For the appellants there was a brief by Hannan, Johnson & Goldschmidt, attorneys, and Herbert L. Wible of counsel, all of Milwaukee, and oral argument by Mr. Wible.

For the respondents there was a brief and oral argument by Herbert L. Mount, of Milwaukee.

For the impleaded respondent there was a brief by Quarles, Spence & Quarles, attorneys, and Kenneth P. Grubb, Edmund W. Powell, and Kurt H. Frauen of counsel, all of Milwaukee, and oral argument by Mr. Frauen.

BROWN, J.

The first question concerns the respective causal negligences of Dr. Johnston and Tretow, driver for defendant Eschrich, whose negligence in the course of his employment is imputed to his employer. Defendant submits that since Johnston saw Eschrich's truck in time to stop before hitting it, the absence of taillights or reflectors was not a cause of the collision. We are unable to concur, because of the peculiar circumstances presented by the load which the...

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