BAILEY v. ZWIROWSKI


268 Wis. 208 (1954)

BAILEY, Appellant, vs. ZWIROWSKI, Respondent.

Supreme Court of Wisconsin.

December 7, 1954.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by K. Thomas Savage of Kenosha.

For the respondent there was a brief by Cavanagh, Mittelstaed, Sheldon & Heide of Kenosha, and oral argument by William A. Sheldon.


GEHL, J.

The trial judge's reasons for granting a new trial are stated in a memorandum opinion filed by him as follows:

"Although the question presented is not without difficulty the court after very careful and lengthy consideration finds itself obligated to reach the conclusion that under the facts and circumstances of this case it is not within the province of the jury to absolve the plaintiff from negligence with respect to lookout in not making a further...

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