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BAIRD v. CORNELIUS

12 Wis.2d 284 (1961)

BAIRD, Respondent, v. CORNELIUS and others, Appellants.

Supreme Court of Wisconsin.

January 10, 1961.

Attorney(s) appearing for the Case

For the appellants Orville D. Cornelius and Employers Casualty Company there was a brief by Flatley, Galloway & Olson of Green Bay, and oral argument by Robert H. Flatley.

For the appellants Dick Brothers, John R. Handlen, and Yorkshire Indemnity Company there were briefs by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Fred F. Kaftan.

For the respondent there was a brief by Burns & Lubinski of Seymour, and oral argument by Michael Burns.

DIETERICH, J.

The two appeals present the following issues:

1. Assumption of risk on the part of plaintiff, Joseph Baird, as a matter of law.

2. Contributory negligence on the part of the plaintiff passenger and guest, Joseph Baird.

3. Whether the emergency doctrine applies as to John R. Handlen.

4. Absence of causal negligence as to lookout on the part of defendant, John R. Handlen.

...

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