PETERSON v. MAGNUS


272 Wis. 461 (1956)

PETERSON, Appellant, vs. MAGNUS and another, Respondents.

Supreme Court of Wisconsin.

April 3, 1956.


Attorney(s) appearing for the Case

For the appellant there was a brief by Douglas, Omernik & Bitney of Spooner, and oral argument by Edward E. Omernik.

For the respondents there was a brief by Louis G. Nagler of St. Croix Falls, and Toebaas, Hart, Kraege & Jackman of Madison, and oral argument by Lawrence E. Hart.


GEHL, J.

Among other things plaintiff urges that the court should have changed the answer to the question which inquired whether plaintiff had assumed the risk of the negligence of defendant Magnus as to speed from "Yes" to "No."

One cannot be said to be driving at a reasonable rate of speed who in snowy weather and on a slippery road expects to cover a distance of 60 miles in about an hour of driving time and does, as Magnus did on the morning in question...

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