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MEWHORTER v. INTEGRITY MUT. CASUALTY CO.

275 Wis. 77 (1957)

MEWHORTER, Administratrix, Plaintiff, vs. INTEGRITY MUTUAL CASUALTY COMPANY and another, Defendants. [Two appeals.]

Supreme Court of Wisconsin.

February 5, 1957.

Attorney(s) appearing for the Case

For the plaintiff there was a brief by O'Melia & Kaye of Rhinelander, and oral argument by John F. O'Melia.

For the defendants there were briefs by Emmet J. McCarthy of Marinette, and Stanley S. Chmiel of Appleton, and oral argument by Mr. McCarthy.

WINGERT, J.

We have reluctantly concluded that the instruction to the jury relative to Mewhorter's duty to maintain a lookout to the rear was erroneous, as held by the trial court in the January 6th decision, and that the error may well have been prejudicial to defendants. It follows that the court was right on January 6th in ordering a new trial, the subsequent order of January 19th offering options in lieu of a new trial...

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