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WINSTON v. WEINER

2 Wis.2d 584 (1958)

WINSTON and another, Plaintiffs and Respondents, vs. WEINER, Defendant and Appellant: BALDWIN and another, Defendants and Respondents.

Supreme Court of Wisconsin.

January 7, 1958.

Attorney(s) appearing for the Case

For the appellant there were briefs by Heft & Coates of Racine, and oral argument by Carroll R. Heft.

For the respondents Winston there was a brief by R. Stanley Kelly of Burlington, attorney, and Cavanagh, Mittelstaed, Sheldon, Heide & Hartley of Kenosha of counsel, and oral argument by William A. Sheldon.

For the respondents Marion Baldwin and Travelers Indemnity Company there was a brief by Godfrey & Godfrey of Elkhorn, and oral argument by Thomas G. Godfrey.

FAIRCHILD, J.

1. Appellant asserts that the trial court erred in failing to submit the question of negligence of defendant Baldwin as to lookout. The court did submit a question as to her negligence with respect to failing to pass Weiner to the right giving him at least one half of the main-traveled portion of the roadway, and a question with respect to management and control. Both questions were answered "No" by the jury. The record shows that when the form of the...

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