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BASSIL v. FAY

267 Wis. 265 (1954)

BASSIL, Appellant, vs. FAY and another, Respondents.

Supreme Court of Wisconsin.

June 8, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief by Bartelt & Bartelt of Kewaskum, attorneys, and Henry A. Detling of Sheboygan of counsel, and oral argument by Mr. Detling and Mr. David C. Bartelt.

For the respondents there was a brief by O'Meara & O'Meara of West Bend, and oral argument by Stephen O'Meara.

GEHL, J.

The accident occurred at 1 a. m. Main street runs east and west, is paved with concrete, is level, and is 49 feet 6 inches wide from curb to curb. Its center is marked by a yellow line. It is intersected on the west by Highway 55 and on the east by railroad tracks. The distance between the tracks and Highway 55 is about 400 feet. A tavern is located near the tracks on the south side of Main street.

Bassil left the tavern at about 1 a. m. apparently...

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