MAYR, Plaintiff and Respondent,
vs.
MILWAUKEE & SUBURBAN TRANSPORT CORPORATION, Defendant and Appellant: MUTUAL AUTOMOBILE INSURANCE COMPANY OF WISCONSIN and another, Defendants and Respondents.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
January 8, 1957.
February 5, 1957.
Attorney(s) appearing for the Case
For the appellant there were briefs by Kivett & Kasdorf, attorneys, and Clifford C. Kasdorf and Alan M. Clack of counsel, all of Milwaukee, and oral argument by Clifford C. Kasdorf.
For the respondent Otto Mayr there was a brief and oral argument by Paul Pike Pullen of Milwaukee.
For the respondent Mutual Automobile Insurance Company there was a brief by Holden & Schlosser of Sheboygan, and oral argument by Wayne W. Schlosser.
For the respondent Roger Eternick there was a brief by Quarles, Spence & Quarles, attorneys, and Walter P. Rynkiewicz of counsel, all of Milwaukee, and oral argument by Mr. Rynkiewicz.
Supreme Court of Wisconsin.
FAIRCHILD, J.
The appellant asserts that the jury must believe the testimony of its motorman that he saw the step in its proper position at the opposite end of the run. Appellant argues that there being no evidence of any intervening occurrence sufficient to put the motorman on notice of damage to the step, the jury's finding that the motorman ought to have known of the defective step before the collision was unsupported...
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