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BAUMAN v. GILBERTSON

11 Wis.2d 627 (1960)

BAUMAN, Plaintiff and Respondent, v. GILBERTSON and others, Defendants and Appellants: OLSON and another, Defendants and Respondents.

Supreme Court of Wisconsin.

November 29, 1960.

Attorney(s) appearing for the Case

For the appellants there was a brief by Schlotthauer & Jenswold, attorneys, and John F. Jenswold and Robert R. Studt of counsel, all of Madison, and oral argument by John F. Jenswold.

For the respondent Laurence Bauman there was a brief and oral argument by Stephen C. deVries of Milwaukee.

For the respondents Fred Olson and Northwestern National Casualty Company there was a brief by Hart, Kraege, Jackman & Wightman of Madison, and oral argument by Lawrence E. Hart.

BROWN, J.

Though Gilbertson's sight of the road was unobstructed when he pulled out to pass Olson he testified that he did not see the Bauman car until it was some 300 feet from him and was then about one half its width on the west shoulder of the highway. Gilbertson testified that when he first saw the Bauman car he had gone by Olson and had returned to his own proper lane, the east lane of the highway, and had been there for three or four seconds before the collision...

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