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LISOWSKI v. MILWAUKEE AUTOMOBILE MUT. INS. CO.

17 Wis.2d 499 (1962)

LISOWSKI, by Guardian ad litem, and another, Respondents, v. MILWAUKEE AUTOMOBILE MUTUAL INSURANCE COMPANY and another, Appellants.

Supreme Court of Wisconsin.

October 30, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief by Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and oral argument by T. H. Skemp and William P. Skemp.

For the respondents there was a brief by Fugina, Kostner & Ward of Arcadia, and oral argument by LaVern G. Kostner.

HALLOWS, J.

Several issues arise concerning the instructions given to the jury which the defendants argue were prejudicial "plaintiff instructions." The trial court instructed on a driver's duty when children are present, Form 1045, Wis. J I—Civil, Part I. Giving of this instruction was error. This is not a case in which the driver had actual notice that children were playing in the area, as in Hartzheim v. Smith...

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