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WESTERN CAS. & SUR. CO. v. DAIRYLAND MUT. INS. CO.

273 Wis. 349 (1956)

WESTERN CASUALTY & SURETY COMPANY, Appellant, vs. DAIRYLAND MUTUAL INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

June 22, 1956.

Attorney(s) appearing for the Case

For the appellant there were briefs by Frank L. Morrow of Eau Claire, and Schmitt, Gullickson & Wurster of Merrill, and oral argument by Stuart G. Gullickson.

For the respondents there was a brief by Smith, Okoneski, Puchner & Tinkham of Wausau, and oral argument by Richard P. Tinkham.

CURRIE, J.

The learned trial judge filed a memorandum decision in which he determined that the negligence of the deceased Ulrich Grund, was equal to, or exceeded, the negligence of his son, Roland, as a matter of law.

While there is considerable conflict in the testimony, such conflict must be resolved in plaintiff's favor in considering whether it was error for the trial court to have directed a verdict. This is because a verdict should only be directed against...

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