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BEHRINGER v. STATE FARM MUT. AUTOMOBILE INS. CO.

6 Wis.2d 595 (1959)

BEHRINGER, Plaintiff and Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Defendants and Respondents: LEFFEL and another, Defendants and Appellants.

Supreme Court of Wisconsin.

March 3, 1959.

Attorney(s) appearing for the Case

For the appellants there was a brief by Genrich, Terwilliger, Wakeen, Piehler & Conway, attorneys, and Paul D. Hilton of counsel, all of Wausau, and oral argument by Walter H. Piehler.

For the respondent Ella Behringer there was a brief by Smith, Okoneski, Puchner & Tinkham, and oral argument by Charles F. Smith, Jr., all of Wausau.

For the respondents State Farm Mutual Automobile Insurance Company and Robert Behringer there was a brief by Schmitt & Wurster of Merrill, and oral argument by Leonard F. Schmitt.

CURRIE, J.

The issues raised upon this appeal are:

(1) Was Robert Behringer's negligence as to lookout causal as a matter of law?

(2) Did the trial court commit prejudicial error in instructing the jury that they might consider impairment of the plaintiff's earning capacity in fixing the amount of her damages in view of the absence of any evidence that her earning capacity had been impaired?

(3) Did...

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