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ZENNER v. FISCHER

264 Wis. 393 (1953)

ZENNER, Plaintiff and Respondent, vs. FISCHER, Defendant and Appellant: FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, Interpleaded Defendant and Respondent.

Supreme Court of Wisconsin.

July 3, 1953.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Leicht & Curran of Medford.

For the respondents there was a brief by William C. Mosher of Medford, for Clifford Zenner, and by Jensen & Nikolay of Medford, for the Farmers Mutual Automobile Insurance Company, and oral argument by Mr. Mosher.

MARTIN, J.

Appellant contends that the evidence presents a case involving the duties of a "passing" motorist rather than a "following" one and that the trial court therefore erred in applying the rule of Phillips v. Haring (1952), 262 Wis. 174, 180, 54 N.W.2d 200, where it was said:

"It is the duty of the driver of the following car, under circumstances where as here he has ample opportunity to do so, to have his car...

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