SAWDEY v. SCHWENK


2 Wis.2d 532 (1958)

SAWDEY, Respondent, vs. SCHWENK and another, Appellants.

Supreme Court of Wisconsin.

January 7, 1958.


Attorney(s) appearing for the Case

For the appellants there was a brief by Lehner, Lehner & Behling and Adolph P. Lehner and Howard N. Lehner, all of Oconto Falls, and oral argument by Howard N. Lehner.

For the respondent there was a brief by Jeffris, Mouat, Oestreich, Wood & Cunningham, and oral argument by Louis D. Gage, Jr., and Roy E. Berg, all of Janesville.


CURRIE, J.

The issues on this appeal are as follows:

(1) Was the plaintiff Sawdey guilty of negligence with respect to speed as a matter of law?

(2) Did the method of submitting to the jury the issues as to damages result in duplication?

(3) Are the damages excessive?

(4) Was Sawdey's negligence at least 50 per cent of the total aggregate negligence of both drivers as a matter of law?

The collision occurred at or near the top...

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