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PAULSON v. HARDWARE MUT. CASUALTY CO.

2 Wis.2d 94 (1957)

PAULSON, Appellant, vs. HARDWARE MUTUAL CASUALTY COMPANY, Respondent.

Supreme Court of Wisconsin.

November 5, 1957.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Ingolf E. Rasmus and James B. Halferty, both of Chippewa Falls.

For the respondent there was a brief by Wilcox & Sullivan of Eau Claire, attorneys, and Samuel Goodsitt of Ladysmith of counsel, and oral argument by Arthur B. Sullivan.

BROWN, J.

The judgment must be reversed for error as a matter of law in the answer of the special verdict that Piper was not negligent in his manner of making a left turn across Paulson's traffic lane. Respondent submits that Piper made the turn in the customary way. A custom which violates an express command of a statute will not serve as a justification of the violator's conduct. That is the case here.

The statute referred to is:

"85.17 RULES FOR...

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