PAGEL v. KEES


23 Wis.2d 462 (1964)

PAGEL, Respondent, v. KEES and another, Appellants.

Supreme Court of Wisconsin.

April 28, 1964.


Attorney(s) appearing for the Case

For the appellants there were briefs by Hofmeister & Engler, and Benton, Bosser, Fulton, Menn & Nehs, attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. David L. Fulton and Mr. Nelson.

For the respondent there was a brief by Bonk, Lutz & Hertel of Chilton, and oral argument by Robert Lutz and William Hertel.


HALLOWS, J.

The first contention made by Kees is the negligence of Pagel as a matter of law was at least equal to his negligence. Since neither Pagel nor Kees was able to testify as to lookout immediately prior to the collision because of amnesia, both could be found guilty of causal negligence, but in so finding under an ultimate-fact verdict, the jury could consider them guilty as to either lookout or management and control...

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