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SCHILLING v. STOCKEL

26 Wis.2d 525 (1965)

SCHILLING, Appellant, v. STOCKEL and others, Respondents.

Supreme Court of Wisconsin.

March 2, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief by Becker & Hughes of Dubuque, Iowa, and Walter Cole of Platteville, attorneys, and Frank M. Coyne of Madison of counsel, and oral argument by Mr. Coyne.

For the respondents Bernard Stockel and American Family Mutual Insurance Company there was a brief and oral argument by Frank D. Hamilton of Dodgeville.

For the respondents State Farm Mutual Automobile Insurance Company there was a brief by Kopp, McKichan & Geyer of Platteville, attorneys, and Henry A. Field, Jr., of Madison of counsel, and oral argument by Mr. Field and Mr. Harold K. Geyer.

GORDON, J.

The Negligence Problem.

The jury found Mr. Schilling 50 percent negligent for driving with his left elbow protruding from the window next to the driver's seat of his automobile. Upon appeal, it is contended that there could be no negligence on the part of Mr. Schilling because of the extraordinary way that the injury occurred.

If the plaintiff's left arm had been struck by a passing vehicle, the jury would have decided the negligence...

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