PAGEL v. HOLEWINSKI


11 Wis.2d 634 (1960)

PAGEL and another, Respondents, v. HOLEWINSKI and another, Appellants.

Supreme Court of Wisconsin.

November 29, 1960.


Attorney(s) appearing for the Case

For the appellants there were briefs by Everson, Ryan, Whitney & O'Melia of Green Bay, and oral argument by E. L. Everson.

For the respondents there was a brief by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Fred F. Kaftan.


CURRIE, J.

The following issues are raised on this appeal:

(1) When the physical facts after an accident are such as to give rise to more than one inference, is the jury permitted to base a finding of causal negligence upon an inference drawn from such physical facts and thereby reject testimony to the contrary of the only eyewitness who testified as to how the accident happened?

(2) Was the defendant Holewinski entitled to the benefit of the emergency...

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