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OMER v. RISCH

269 Wis. 61 (1955)

OMER, Plaintiff and Respondent, vs. RISCH and another, Defendants and Respondents: PODLESNY and another, Interpleaded Defendants and Appellants. [Case No. 176.] PODLESNY, Plaintiff and Respondent, vs. RISCH and another, Defendants and Appellants. [Case No. 177.]

Supreme Court of Wisconsin.

February 8, 1955.

Attorney(s) appearing for the Case

For the defendants there were briefs by Jeffris, Mouat, Oestreich, Wood & Cunningham, and oral argument by Harry F. Knipp and Roy E. Berg, all of Janesville.

For the interpleaded defendants there were briefs by Mc-Cue & Regan of Milwaukee, and oral argument by John H. Regan.

Case No. 177:

For the plaintiff there were briefs by McCue & Regan of Milwaukee, and oral argument by John H. Regan.

For the defendants there were briefs by Jeffris, Mouat, Oestreich, Wood & Cunningham, and oral argument by Harry F. Knipp, all of Janesville.

FAIRCHILD, C. J.

The judgment in favor of Omer must be affirmed. The findings of the jury, approved by the learned trial judge, are sustained by credible evidence. The defendant Risch failed to see the car in which Omer was a guest, although he had ample opportunity to see it, until after he had crossed the center line of the highway preparatory to turning into the farm driveway where he was to deliver a manure spreader which...

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