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MISIEWICZ v. WATERS

23 Wis.2d 512 (1964)

MISIEWICZ and another, Appellants, v. WATERS and another, Respondents.

Supreme Court of Wisconsin.

April 28, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by Charlton, Yanisch, Binzak & Ritchay of Milwaukee, and oral argument by William A. Ritchay.

For the respondents there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Clayton R. Hahn of counsel, all of Milwaukee, and oral argument by Mr. Hahn.

BEILFUSS, J.

The issues presented by the parties can be stated in one question. Was it prejudicial error to give the defendant the benefit of the emergency instruction?

The emergency instruction given by the trial court was adopted from the standard instruction appearing in Wis J I—Civil, Part I, 1015:

"I would further instruct you in connection with Question One that drivers of motor vehicles who are suddenly confronted by an emergency, not...

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