MERLINO v. MUTUAL SERVICE CASUALTY INS. CO.


23 Wis.2d 571 (1964)

MERLINO, Plaintiff and Respondent, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Defendant: MILWAUKEE & SUBURBAN TRANSPORT CORPORATION, Defendant and Appellant.

Supreme Court of Wisconsin.

April 28, 1964.


Attorney(s) appearing for the Case

For the appellant there were briefs by Kivett & Kasdorf, attorneys, and Nonald J. Lewis of counsel, all of Milwaukee, and oral argument by Mr. Lewis.

For the respondent there was a brief by Usow & Starobin of Milwaukee, and oral argument by Sidney Usow.


CURRIE, C. J.

The following issues are presented by the instant appeal and cross appeal:

(1) Is there credible evidence to support the finding of causal negligence against the bus driver?

(2) If the preceding question is answered in the affirmative, was there a superseding cause which intervened to cause the collision that would relieve appellant from liability?

(3) Did the trial court commit prejudicial error in refusing to admit into evidence...

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