SCHUMACHER v. KLABUNDE


19 Wis.2d 83 (1963)

SCHUMACHER, Respondent, v. KLABUNDE and another, Appellants.

Supreme Court of Wisconsin.

February 5, 1963.


Attorney(s) appearing for the Case

For the appellants there was a brief by Kenney, Korf & Pfeil of Elkhorn, and oral argument by Francis J. Korf.

For the respondent there was a brief by Godfrey, Godfrey & Neshek of Elkhorn, and oral argument by Thomas G. Godfrey.


WILKIE, J.

The sole question on this appeal is whether the trial court erred in directing a verdict excusing Schumacher from negligence on the ground that Schumacher was confronted with an emergency as a matter of law.

Klabunde testified that he was returning from Madison and as he approached Whitewater, Wisconsin, he began to get sleepy. He then opened the window to ward off his drowsiness. Later, when he saw the Schumacher car, he dozed momentarily for a...

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