FUNK v. WOYAK


264 Wis. 437 (1953)

FUNK, Respondent, vs. WOYAK and others, Appellants.

Supreme Court of Wisconsin.

July 3, 1953.


Attorney(s) appearing for the Case

For the appellants there was a brief by Graves & Casey of Wisconsin Rapids, and oral argument by R. B. Graves.

For the respondent there was a brief by Atwell & Atwell of Stevens Point, and oral argument by W. E. Atwell.


GEHL, J.

The appeal presents issues of fact. The defendants contend that the court erred in not finding plaintiff negligent as a matter of law in attempting to pass the truck within the highway intersection, and that such negligence was at least as great as that of the truck driver.

We find nothing in the record which requires the conclusion that the jury should not have believed the story told by the plaintiff. She testified that at some distance east of...

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