BAIER v. FARMERS MUT. AUTOMOBILE INS. CO.


8 Wis.2d 506 (1959)

BAIER and another, Appellants, v. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY and others, Respondents.

Supreme Court of Wisconsin.

December 1, 1959.


Attorney(s) appearing for the Case

For the appellants there were briefs by Marth & Marth of West Bend, and oral argument by William J. Marth.

For the respondents there was a brief by Wickham, Borgelt, Skogstad & Powell of Milwaukee, for the Farmers Mutual Automobile Insurance Company, and by Jack D. Moertl of Milwaukee, for respondents other than the Farmers Mutual Automobile Insurance Company, and Edmund W. Powell of Milwaukee of counsel, and oral argument by Edmund W. Powell.


FAIRCHILD, J.

We conclude, for the reasons which follow, that the verdict was inconsistent with respect to issues of liability but that the causal negligence of Mrs. Baier is not, as a matter of law, as great as that of Mr. Laatsch, and, therefore, that the order granting a new trial and denying a dismissal of the complaint was correct. We also express our conclusions upon several other points argued by the parties because the same points may well arise upon the second...

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