DEIGNAN v. NEW AMSTERDAM CASUALTY CO.


2 Wis.2d 480 (1958)

DEIGNAN and another, Respondents, vs. NEW AMSTERDAM CASUALTY COMPANY and another, Appellants.

Supreme Court of Wisconsin.

January 7, 1958.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Frank L. Morrow of Eau Claire.

For the respondents there was a brief by Wilcox & Sullivan of Eau Claire, and oral argument by Francis J. Wilcox.


BROWN, J.

Appellants submit that Patricia is absolved as a matter of law from negligent management and control because she was confronted by a sudden emergency to which she had not contributed, citing Johnson v. Prideaux (1922), 176 Wis. 375, 378, 187 N. W. 207:

"... `an automobile driver, who by the negligence of another ... is suddenly placed in an emergency ..., is not guilty of negligence if he makes such a choice as a person of ordinary prudence...

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