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

12 Wis.2d 72 (1960)

KUENTZEL, Plaintiff and Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Respondent: ALLIED AMERICAN MUTUAL FIRE INSURANCE COMPANY, Defendant and Appellant. [Three cases.]

Supreme Court of Wisconsin.

November 29, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief by O'Melia & Kaye of Rhinelander, and oral argument by John F. O'Melia.

For the respondent Agnes Kuentzel there was a brief by Holden & Schlosser of Sheboygan, and oral argument by John R. Holden.

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

For the respondent Anastasia Kryshak, personally, and as executrix of the estate of Valerian A. Kryshak, Sr., deceased, there was a brief by Kelley & Maeder of Wausau, and oral argument by Jerome A. Maeder.

For the respondent Raymond A. Ley and others there was a brief by Dillman & Fiedelman of Sheboygan.

BROADFOOT, J.

Upon this appeal Allied American contends that the jury verdict finding Kryshak causally negligent with respect to position on the highway and absolving Kuentzel of causal negligence in the same respect was supported by credible evidence. The trial court so stated in its memorandum decision.

An instruction on the emergency doctrine had been given to the jury. It is the contention of Allied American that the emergency doctrine is directed to the...

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