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OGLE v. AVINA

33 Wis.2d 125 (1966)

OGLE, Plaintiff, v. AVINA and others, Defendants and Appellants: PINTAR and another, Defendants and Respondents.

Supreme Court of Wisconsin.

December 2, 1966.

Attorney(s) appearing for the Case

For the appellants Norbert Avina and American Family Mutual Insurance Company there was a brief and oral argument by John W. Emmerling of Milwaukee.

For the appellants Thomas Laufenberg and Great Lakes Mutual Insurance Company there were briefs and oral argument by Gerald P. Hayes of Milwaukee.

For the respondents there was a brief by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by John A. Kluwin.

HALLOWS, J.

The appeal raises three questions which respectively relate to whether Pintar was negligent, whether Avina's negligence was causal, and whether the apportionment of the causal negligence between Avina and Laufenberg was correct. In determining these issues this court must test the findings of the trial court by the "great weight and clear preponderance of the evidence" rule. State ex rel. Isham v. Mullally (1961), 15 Wis.2d 249...

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