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DYER v. HARDWARE MUT. CASUALTY CO.

17 Wis.2d 79 (1962)

DYER and wife, Appellants, v. HARDWARE MUTUAL CASUALTY COMPANY and others, Respondents.

Supreme Court of Wisconsin.

June 5, 1962.

Attorney(s) appearing for the Case

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

For the respondents there was a brief by Peickert, Anderson & Fisher, attorneys, and John E. Shannon, Jr., of counsel, all of Stevens Point, and oral argument by Mr. Shannon and Mr. Clifford W. Peickert.

FAIRCHILD, J.

1. Error as to instructions. Plaintiffs contend the trial court erred in failing to give several requested instructions.

a. Applicability of rules of road to Youngman. Youngman was plowing a private drive and not the highway.1 All parties appear to agree that Youngman was therefore not actually engaged in maintenance work upon a highway and that the rules of the road apply to him.2...

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