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DOMBECK v. CHICAGO, M., ST. P. & P. R. CO.

24 Wis.2d 420 (1964)

DOMBECK (Carol) and others, Plaintiffs, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Defendant and Respondent: DOMBECK (Russell), Plaintiff and Appellant: DOMBECK (Richard) and another, Defendants and Appellants.

Supreme Court of Wisconsin.

June 30, 1964.

Attorney(s) appearing for the Case

For the appellant Russell Dombeck there was a brief by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by J. Robert Kaftan.

For the appellants Richard Dombeck and the Integrity Mutual Insurance Company, there was a brief by Cornelisen, Denissen, Kranzush & Kuehn, and oral argument by David J. Condon, all of Green Bay.

For the respondent there was a brief by Welsh, Trowbridge, Bills, Planert & Gould of Green Bay, and Bender, Trump, Davidson & Godfrey and Rodger S. Trump, all of Milwaukee, and oral argument by Rodger S. Trump.

CURRIE, C. J.

The following issues are presented by this appeal:

(1) Did the trial court err in holding that any negligence of the Railroad Company with respect to lookout was not causal as a matter of law?

(2) Should questions inquiring whether the Railroad Company was causally negligent with respect to speed have been submitted in the special verdict?

(3) Can the jury's finding apportioning 50 percent of the total aggregate causal negligence...

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