WELLS v. DAIRYLAND MUT. INS. CO.


274 Wis. 505 (1957)

WELLS, Special Administrator, Respondent, vs. DAIRYLAND MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

January 7, 1957.


Attorney(s) appearing for the Case

For the appellant there were briefs by Engelhard, Snodgrass & Goerdt of La Crosse, and oral argument by Lawrence M. Engelhard.

For the respondent there was a brief by Donovan, Gleiss, Goodman, Breitenfield & Gleiss of Sparta, and oral argument by William J. Gleiss and Leo J. Goodman.


CURRIE, J.

The issues raised on this appeal are:

(1) Is there any credible evidence to sustain the findings of causal negligence on the part of the cabdriver Tucker?

(2) If there is such credible evidence, was the negligence of Meyers at least equal to, or greater than, the negligence of Tucker as a matter of law?

(3) If defendant is not entitled to a dismissal on the merits, should a new trial be directed because of duplicity in the verdict...

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