BEY v. TRANSPORT INDEMNITY CO.


23 Wis.2d 182 (1964)

BEY, by Guardian ad litem, and others, Respondents, v. TRANSPORT INDEMNITY COMPANY, INC., and another, Appellants.

Supreme Court of Wisconsin.

March 31, 1964.


Attorney(s) appearing for the Case

For the appellants there were briefs by Kivett & Kasdorf, attorneys, and H. A. Dall of counsel, all of Milwaukee, and oral argument by Mr. Dall.

For the respondents there was a brief by Donald Gorectke of Milwaukee, attorney, for Patricia Bey and Louise Mormon, and by Gerald Denneberg of Milwaukee, attorney, for Brenda Bey, and Ted Warshafsky and Michael I. Tarnoff of counsel, both of Milwaukee, and oral argument by Mr. Warshafsky.


WILKIE, J.

Three issues are raised on this appeal. The first is as follows: Under the circumstances of this case, was the truck driver, Leo Wilant, negligent as a matter of law with respect to lookout, and failure to yield the right-of-way to a pedestrian?

The appellants argue in effect that the trial court had no basis for finding the driver, Wilant, "negligent" as a matter of law in any respect. Moreover, appellants contend that, by finding Wilant...

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