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SMITH v. CUMMINGS

8 Wis.2d 369 (1959)

SMITH and another, Appellants, v. CUMMINGS and another, Respondents.

Supreme Court of Wisconsin.

November 3, 1959.

Attorney(s) appearing for the Case

For the appellants there was a brief by Walker & Wightman of Portage, and oral argument by Dorothy Walker.

For the respondents there was a brief by Rogers & Owens, and oral argument by Harlan B. Rogers and Bruce J. Rogers, all of Portage.

BROADFOOT, J.

The plaintiffs allege several errors upon the trial that entitle them to a new trial. Since we agree with the contention of the plaintiffs that certain instructions by the trial judge to the jury were erroneous to their prejudice we shall not discuss the testimony further nor shall we discuss the other alleged errors.

Sec. 85.15 (1), Stats. 1955, provided in part as follows:

"Upon all highways of sufficient width, except upon one-way...

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