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TOMCHEK v. MUTUAL AUTOMOBILE INS. CO.

6 Wis.2d 577 (1959)

TOMCHEK, by Guardian ad litem, and another, Plaintiffs and Respondents, v. MUTUAL AUTOMOBILE INSURANCE COMPANY OF WISCONSIN and another, Defendants and Appellants: SHIMON and another, Defendants and Respondents.

Supreme Court of Wisconsin.

March 3, 1959.

Attorney(s) appearing for the Case

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

For respondents Tomchek there was a brief and oral argument by Dudley O. Emmert of Manitowoc.

For the respondents Adolph Shimon and Farmers Mutual Automobile Insurance Company there was a brief by Clark, Rankin, Nash, Emmerling & Spindler of Manitowoc, and oral argument by John P. Nash.

MARTIN, C. J.

Appellants contend that the trial court erred in changing the answers of the jury in three subdivisions of question 9, and we agree.

David Tomchek testified he had ridden with Balkansky many times; that he considered him a good driver and felt that he was driving all right at the time of the accident.

Respondents agree that the evidence is clear as to the causal negligence of Balkansky in all respects found by the jury. As to speed, it...

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