MATTHEWS v. SCHUH


5 Wis.2d 521 (1958)

MATTHEWS, Respondent, v. SCHUH and others, Appellants.

Supreme Court of Wisconsin.

December 2, 1958.


Attorney(s) appearing for the Case

For the appellants there were briefs by Cornelisen, Denissen, Farrell & Kranzush of Green Bay, and oral argument by Eugene Kranzush.

For the respondent there was a brief by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by J. Robert Kaftan.


WINGERT, J.

1. Defendants' appeal. We are obliged to reverse the judgment, for we cannot escape the conclusion that plaintiff's negligence was at least as great as Schuh's, as a matter of law.

In passing on the jury's 35 per cent-65 per cent apportionment of negligence, we must resolve conflicts in the evidence in favor of the plaintiff, except in the particulars where the jury's verdict confirms defendants...

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