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MILLER v. KUJAK

4 Wis.2d 80 (1958)

MILLER, Respondent, vs. KUJAK and others, Appellants.

Supreme Court of Wisconsin.

May 6, 1958.

Attorney(s) appearing for the Case

For the appellants Kujak, d/b/a Walske Transfer, there were briefs by Engelhard, Snodgrass & Goerdt of La Crosse, and oral argument by Lawrence M. Engelhard.

For the appellants Bruce Dodson and Moore Motor Freight Lines there were briefs by Johns, Roraff, Pappas & Flaherty of La Crosse, and oral argument by Robert D. Johns.

For the respondent there was a brief by Hale, Skemp, Hanson & Schnurrer and Philip G. Arneson, all of La Crosse, and oral argument by Mr. Thomas H. Skemp and Mr. Arneson.

WINGERT, J.

Appeals from Miller's judgment. All of the defendants challenge the judgment in favor of Miller on the ground that the jury's finding that Miller's car was on the shoulder of the road at the time of the collision is not sustained by credible evidence. The main argument is that the positive testimony of Mr. and Mrs. Miller that their car was wholly on the shoulder when it was hit is rendered incredible as a matter of law by undisputed evidence of...

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