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TESCH v. WISCONSIN PUBLIC SERVICE CORP.

2 Wis.2d 131 (1957)

TESCH, by Guardian ad litem, and another, Plaintiffs and Appellants, vs. WISCONSIN PUBLIC SERVICE CORPORATION and another, Defendants and Respondents: WIRTZ and others, Defendants and Appellants.

Supreme Court of Wisconsin.

November 5, 1957.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Hoffmann, Trembath & Gullickson of Wausau, and oral argument by R. C. Trembath.

For the defendants-appellants there was a brief by Genrich, Terwilliger, Wakeen, Piehler & Conway, attorneys, and Paul D. Hilton of counsel, all of Wausau, and oral argument by F. W. Genrich.

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

FAIRCHILD, J.

There was evidence that Lepak did not see Tesch, or at least pay any attention to him, and that he did not blow his horn. We agree with the trial court that neither of those failures could have constituted causal negligence in producing this collision. The horn would have served only as a warning to Schmidt, and Lepak's duties with respect to Wirtz were no greater by reason of the approach of Tesch.

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