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RADDANT v. TAMMINEN

266 Wis. 49 (1954)

RADDANT (Myrtle), Plaintiff and Respondent, vs. TAMMINEN and another, Defendants and Appellants: RADDANT (Jewel), and another, Impleaded Defendants and Respondents. [Three cases.]

Supreme Court of Wisconsin.

February 2, 1954.

Attorney(s) appearing for the Case

For the appellants Esther Tamminen and Great American Indemnity Company of New York there were briefs by Genrich & Terwilliger, attorneys, and Emil A. Wakeen, Walter H. Piehler, and Neil M. Conway of counsel, all of Wausau, and oral argument by Herbert Terwilliger.

For the appellant Paul A. Weiss there was a brief by Russell J. Greb of Waukesha.

For the impleaded respondents there was a brief by Smith, Okoneski, Puchner & Tinkham of Wausau, and oral argument by Charles F. Smith, Jr.

FAIRCHILD, C. J.

The first question on this appeal is: Was an emergency created solely by the negligent acts of appellant, or did Jewel Raddant act so as to contribute to that emergency? Mrs. Weiss was attempting to pass a car which was admittedly moving at the rate of 55 miles per hour. She was moving toward a hill in the road which declined in the direction she was going. Her view was thus limited so that she could not see the oncoming car until it was too late...

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