SCHMIDT v. DORN


267 Wis. 620 (1954)

SCHMIDT, by Guardian ad litem, Respondent, vs. DORN and another, Appellants.

Supreme Court of Wisconsin

November 9, 1954.


Attorney(s) appearing for the Case

For the appellants there was a brief by McLeod & Donohue of Fond du Lac, and oral argument by Joseph D. Donohue.

For the respondent there was a brief and oral argument by Edgar E. Becker of Appleton.


BROADFOOT, J.

The defendants contend that the court erred in submitting a question as to the manner in which Dorn made a left turn, first, because there was no allegation thereof in the complaint, and second, because they claim there is no credible evidence in the record to sustain the answer by the jury to that question.

It is true that the complaint does not allege negligence in the language of the question. However, it was there alleged that Dorn was negligent...

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