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VANDERHEI v. CARLSON

6 Wis.2d 13 (1958)

VANDERHEI, by Guardian ad litem, and another, Respondents, v. CARLSON and others, Appellants.

Supreme Court of Wisconsin.

January 2, 1959.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kivett & Kasdorf, attorneys, and Clifford C. Kasdorf and Alan M. Clack of counsel, all of Milwaukee, and oral argument by Mr. Clack.

For the respondents there was a brief by Richard S. Hippenmeyer and William G. Callow, guardian ad litem, both of Milwaukee, and oral argument by Mr. Hippenmeyer.

WINGERT, J.

We are obliged to reverse the judgment and order a new trial on the issues other than damages.

1. Plaintiff's negligence was causal. The jury having found, on sufficient evidence, that Vanderhei was negligent in failing to keep a proper lookout, the finding that such negligence was not a cause of the accident cannot stand. Accepting Vanderhei's own testimony, and resolving conflicts in the evidence most favorably to him, we cannot escape...

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