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RODENKIRCH v. JOHNSON

9 Wis.2d 245 (1960)

RODENKIRCH and another, Respondents, v. JOHNSON and another, Appellants. [Two cases.]

Supreme Court of Wisconsin.

February 2, 1960.

Attorney(s) appearing for the Case

For the appellants there were briefs by McLeod, Donohue & Colwin of Fond du Lac, and oral argument by Raymond R. Colwin.

For the respondents there was a brief by Ray T. McCann of Milwaukee, and Robert Stoltz and Schloemer, Stoltz & Merriam, all of West Bend, for Russell Rodenkirch, and by John R. Holden, Arthur J. Olsen, and Holden & Schlosser, all of Sheboygan, for Russell Rodenkirch and the Heritage Mutual Insurance Company, and oral argument by Mr. McCann.

HALLOWS, J.

The issues presented are: 1. Did the trial court err in holding as a matter of law that respondent was not negligent as to speed? 2. Did the court err in holding as a matter of law that the appellant was negligent as to lookout? 3. Did the trial court abuse its discretion in granting a new trial in the interest of justice?

1. Respondent's negligence as to speed. The appellant contends there is sufficient credible evidence to sustain the...

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