BRIGGS TRANSFER CO. v. FARMERS MUT. AUTO. INS. CO.


265 Wis. 369 (1953)

BRIGGS TRANSFER COMPANY and another, Respondents, vs. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Appellants. SCHALLER, Appellant, vs. BRIGGS TRANSFER COMPANY, Respondent.

Supreme Court of Wisconsin.

December 1, 1953.


Attorney(s) appearing for the Case

For the appellants there was a brief by Hale, Skemp, Nietsch, Hanson & Schnurrer, and oral argument by R. E. Nietsch and L. E. Sheehan, all of La Crosse.

For the respondents there was a brief by Johns, Roraff, Pappas & Flaherty of La Crosse, and oral argument by Robert D. Johns.


BROWN, J.

The appellants submit that there is duplication, which requires a new trial, in the jury's findings of causal negligence in respect to Medema's lookout and his management and control. Medema testified that he did not see Fluekiger's truck at any time before the collision and this was not controverted by any other evidence. We have often held that where a driver did not see what was plainly in sight his negligence...

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