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KOHLER v. DUMKE

13 Wis.2d 211 (1961)

KOHLER and another, Respondents, v. DUMKE and another, Appellants.

Supreme Court of Wisconsin.

April 4, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief by O'Leary, Joyce & Goggin of Neenah, and oral argument by Daniel R. Goggin.

For the respondents there was a brief and oral argument by A. W. Ponath of Appleton.

CURRIE, J.

The following two questions are presented by this appeal:

(1) Is there any credible evidence to sustain the finding by the jury that Dumke was causally negligent with respect to lookout?

(2) If such question is resolved in the affirmative, was Gary's negligence at least equal to that of Dumke as a matter of law?

At the time of the accident Gary lacked one day of being six years old. He...

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