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ROESKE v. SCHMITT

266 Wis. 557 (1954)

ROESKE and others, Plaintiffs and Respondents, vs. SCHMITT and others, Defendants and Respondents: HOME MUTUAL CASUALTY COMPANY, Defendant and Appellant. [Six cases.]

Supreme Court of Wisconsin.

May 4, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs by McAndrews & Melli of Madison, and oral argument by A. J. McAndrews and Joseph A. Melli.

For the respondents Ernest and Myrtle Roeske there was a brief and oral argument by William L. McCusker of Madison.

For the respondents Eloi Schmitt, Peter Schmitt, and Farmers Mutual Automobile Insurance Company there was a brief by Aberg, Bell, Blake & Conrad of Madison, and oral argument by W. J. P. Aberg and Edwin A. Conrad.

For the respondent Marie Louise Tyrer there was a brief by Bull & Biart of Madison, and oral argument by Benjamin H. Bull.

For the respondents Margaret R. Schmitt, Margaret Blanche Schmitt, and Janet Schmitt there was a brief by Hall & Griffith of Madison, and oral argument by Laurence W. Hall.

A separate brief on behalf of the respondents on issues of negligence and verdicts was filed by William L. McCusker, Bull & Biart, and Hall & Griffith, all of Madison, and D. V. W. Beckwith and John T. Harrington, both of Madison, attorneys for A. A. Haugen.

For the respondent A. A. Haugen there was oral argument by D. V. W. Beckwith and John T. Harrington.

GEHL, J.

Appellant contends that the evidence fails to support the finding that Tyrer was passing at the intersection, and that in any event if he was negligent in that respect such negligence was not causal. As appears from our statement of the facts, we are satisfied that there is support for the finding of negligence. We agree with appellant, however, that it was not a cause of the collision. By passing the Herheim car he place his car in his left lane, at most...

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