SWARTZ v. SOMMERFELDT


272 Wis. 17 (1956)

SWARTZ, Appellant, vs. SOMMERFELDT and another, Respondents.

Supreme Court of Wisconsin.

February 7, 1956.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Crosby H. Summers of Janesville.

For the respondents there was a brief by Jeffris, Mouat, Oestreich, Wood & Cunningham, and oral argument by Louis D. Gage, Jr., and Roy E. Berg, all of Janesville.


MARTIN, J.

The only question presented on this appeal is whether defendant's negligence in either of the respects found by the jury was causal as a matter of law.

Both items of negligence found by the jury are grounded in defendant's failure to observe the proximity of the plaintiff's car before he made his turn. The jury must have believed that a proper observation would have disclosed plaintiff's presence; otherwise it could not have found defendant negligent...

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