ZIMMER v. ZIMMER


6 Wis.2d 427 (1959)

ZIMMER, Respondent, v. ZIMMER and another, Appellants.

Supreme Court of Wisconsin.

March 3, 1959.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Dudley O. Emmert of Manitowoc.

For the respondent there was a brief by Allen B. Adams of Menasha, and Benton, Bosser, Fulton, Menn & Nehs of Appleton, and oral argument by David L. Fulton.


MARTIN, C. J.

It is appellants' position on appeal that Zimmer was confronted with an emergency not of his own making and that as a matter of law he was not negligent as to management and control.

Respondent maintains that no emergency confronted Zimmer; that he had both the time and opportunity to take precautionary measures to avoid the collision but failed to take such measures. In taking this position she relies upon Laughnan v. Aetna Casualty &...

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