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SPLEAS v. MILWAUKEE & S. T. CORP.

21 Wis.2d 635 (1963)

SPLEAS, Respondent, v. MILWAUKEE & SUBURBAN TRANSPORT CORPORATION, Appellant.

Supreme Court of Wisconsin.

November 26, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kivett & Kasdorf, attorneys, and Alan M. Clack of counsel, all of Milwaukee, and oral argument by Mr. Clack.

For the respondent there was a brief and oral argument by Joseph J. Ziino of Milwaukee.

GORDON, J.

1. Absence of Contributory Negligence.

A major contention of the appellant is that the trial court erred in not giving the jury the opportunity to compare the negligence of the bus company driver with the negligence of Spleas. The trial judge took the view that the testimony presented two completely different versions of how the accident happened. If the jury believed the testimony of the bus driver, there would be no negligence on the...

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