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SCHMIDT v. C. SCHLEI DRAY LINE

7 Wis.2d 374 (1959)

SCHMIDT (Catherine), Plaintiff and Respondent, v. C. SCHLEI DRAY LINE, INC., and another, Defendants and Appellants: VAN STRATEN and others, Impleaded Defendants and Respondents: SCHMIDT (John) and another, Impleaded Defendants and Appellants.

Supreme Court of Wisconsin.

June 2, 1959.

Attorney(s) appearing for the Case

For the appellants C. Schlei Dray Line, Inc., and United States Fidelity & Guaranty Company there was a brief by Everson, Ryan, Whitney & O'Melia of Green Bay, and oral argument by E. L. Everson and James L. Everson.

For the appellants John Schmidt and Herman Mutual Insurance Company there were briefs by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by J. Robert Kaftan.

For the respondents Theodore Van Straten, Harold Matzke, and Employers Mutual Liability Insurance Company there was a brief by Welsh, Trowbridge, Bills, Planert & Gould of Green Bay, and oral argument by Fred N. Trowbridge.

BROWN, J.

John Schmidt's Appeal.

Schmidt first noticed the grader coming toward him one-half mile away but did not see the semitrailer until it came about two thirds into the west half of the road. Schmidt could not estimate that distance from him but the driver of the dump truck estimated that Schmidt was 600 to 700 feet from the Schlei Dray Line vehicle when the latter began to skid. Schmidt drove straight...

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