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VANDENACK v. CROSBY

6 Wis.2d 292 (1959)

VANDENACK and another, Plaintiffs, v. CROSBY, d/b/a HEAVY DUTY WRECKER SERVICE, and another, Defendants: MUTUAL AUTOMOBILE INSURANCE COMPANY OF TOWN OF HERMAN, Interpleaded Defendant. [Four appeals.]

Supreme Court of Wisconsin.

February 3, 1959.

Attorney(s) appearing for the Case

For the plaintiffs there were briefs by Everson, Ryan, Whitney & O'Melia of Green Bay, and oral argument by E. L. Everson. For the defendants there was a brief by Kaftan, Kaftan & Kaftan of Green Bay,"and oral argument by Fred F. Kaftan.

For the interpleaded defendant there was a brief by Holden & Schlosser of Sheboygan, and oral argument by Wayne W. Schlosser.

BROADFOOT, J.

The plaintiff George Vandenack contends that the trial court committed error in setting aside the apportionment of negligence fixed by the jury in that the court was unduly influenced by the decision in Hephner v. Wolf, 261 Wis. 191, 52 N.W.2d 390, and for the further reason that the trial court failed to apply the rule that evidence is to be construed most favorably...

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