MUEHLENBECK v. FITCHETT


270 Wis. 373 (1955)

MUEHLENBECK, Plaintiff, vs. FITCHETT and another, Defendants and Respondents: ROBINSON and another, Impleaded Defendants and Appellants.

Supreme Court of Wisconsin.

June 28, 1955.


Attorney(s) appearing for the Case

For the appellants there were briefs by Heft, Brown, Stewart & Coates of Racine, and oral argument by Carroll R. Heft.

For the respondents there was a brief by Vaudreuil & Vaudreuil of Kenosha, and oral argument by Leo E. Vaudreuil.


GEHL, J.

Appellants contend that the trial court should have held as a matter of law that plaintiff assumed the risk of the negligence of Robinson in respect to parking his automobile partly on the roadway, or in the alternative, that the verdict should have included a question inquiring whether plaintiff had assumed such risk.

The elements required to establish assumption of risk are:

"(1) A hazard or danger inconsistent with the safety of the guest...

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