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COOK v. THOMAS

25 Wis.2d 467 (1964)

COOK, by Guardian ad litem, and another, Plaintiffs and Respondents, v. THOMAS and another, Defendants: MILLER and another, Defendants and Appellants.

Supreme Court of Wisconsin.

November 24, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by Everson, Whitney, O'Melia, Everson & Brehm of Green Bay, and oral argument by John C. Whitney.

For the respondents there was a brief by Davis, Soquet & Cherney of Green Bay, and oral argument by Colburn G. Cherney.

HALLOWS, J.

The basic question raised by the defendants'-appellants' motions for a nonsuit, a directed verdict, and finally to change the answers in the verdict, is whether Miller was entitled to the application of the emergency rule as a matter of law. The trial court in instructing the jury gave the standard emergency-rule instruction, Wis J I— Civil, Part I, 1015, and in sustaining the verdict reasoned in an exhaustive 73-page opinion the jury could have...

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