GIEMZA v. ALLIED AMERICAN MUT. FIRE INS. CO.


10 Wis.2d 555 (1960)

GIEMZA, Plaintiff and Respondent, v. ALLIED AMERICAN MUTUAL FIRE INSURANCE COMPANY, Defendant and Respondent: EGLY and another, Defendants and Appellants.

Supreme Court of Wisconsin.

June 7, 1960.


Attorney(s) appearing for the Case

For the appellants there were briefs by Bender, Trump, Davidson & Godfrey of Milwaukee, and Schlotthauer & Jenswold of Madison, attorneys, and Kneeland A. Godfrey of Milwaukee, and John T. Jenswold of Madison, both of counsel, and oral argument by Kneeland A. Godfrey and John T. Jenswold.

For the respondent Harold Giemza there was a brief by Max D. Davidson and Phillips, Phillips, Hoffman & Lay, all of Milwaukee, and oral argument by Mr. N. Paley Phillips and Mr. Davidson.

For the respondent Allied American Mutual Fire Insurance Company there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Reuben W. Peterson, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Peterson.


HALLOWS, J.

Egly and Giemza raise many issues on the appeal but because we are of the opinion that a new trial must be had, only those issues relating to granting a new trial will be discussed. Egly and Sweet started out from the Circle Inn about two miles east of the place of the accident. At the tavern, Egly, the Sweets, Giemza, and others were gathered. There was some drinking and conversation on this early evening of...

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