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CHRISTENSEN v. TOLLISON

7 Wis.2d 216 (1959)

CHRISTENSEN, Administrator, Appellant, v. TOLLISON and another, Respondents.

Supreme Court of Wisconsin.

May 5, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Arthur J. Kaftan.

For the respondents there was a brief by Fugina, Kostner & Ward of Arcadia, and oral argument by La Vern G. Kostner.

BROWN, J.

The accident occurred when Tollison, the driver, fell asleep and failed to round a curve in the highway. Christensen, the passenger, was asleep then and had been for some time.

In a special verdict the jury found that:

(1) Tollison was negligent in increasing the danger assumed by Christensen when he entered Tollison's automobile, or creating a new danger, both in respect to speed and lookout, and each such negligence was a cause of the accident...

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