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FIRKUS v. ROMBALSKI

25 Wis.2d 352 (1964)

FIRKUS, Plaintiff, v. ROMBALSKI and another, Defendants and Respondents: TOWN OF HULL, Impleaded defendant and Appellant. [Case No. 47.] SHERIDAN, Plaintiff, v. HOME MUTUAL INSURANCE COMPANY, Defendant and Respondent: FIRKUS and another, Defendants, Respondents, and Cross Appellants: ROMBALSKI, Impleaded Defendant and Respondent: TOWN OF HULL, Impleaded Defendant and Appellant. [Case No. 48.]

Supreme Court of Wisconsin.

October 27, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Atwell & Atwell and James H. Van Wagenen, all of Stevens Point, and oral argument by Mr. William E. Atwell, Jr., and Mr. Van Wagenen.

For the respondents Peter F. Rombalski and the Home Mutual Insurance Company there were briefs by Byrne, Bubolz, Spanagel & Pfankuch of Appleton, and oral argument by Edward Byrne.

For the respondents and cross appellants Joseph J. Firkus and the Farmers Mutual Automobile Insurance Company there were briefs by Peickert, Anderson, Fisher, Shannon & O'Brien of Stevens Point, and oral argument by John E. Shannon, Jr.

HALLOWS, J.

Rombalski in driving his car north on Dobeck road was proceeding, according to his testimony, about 50 miles an hour and according to Sheridan's testimony about 70 miles per hour. Rombalski testified he did not know he was approaching an intersection until he was 25 feet from it. There was no stop sign on Dobeck road and he did not reduce his speed in entering the intersection. He first saw the Firkus car when...

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