DANOW v. UNITED STATES FIDELITY & GUAR. Co.


37 Wis.2d 214 (1967)

DANOW and others, Plaintiffs and Respondents, v. UNITED STATES FIDELITY & GUARANTY COMPANY and another, Defendants and Respondents: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Defendants and Appellants: TRAVELERS INDEMNITY COMPANY, Plaintiff and Respondent. SMAGLICK (Paul), Plaintiff and Appellant: SMAGLICK (Suzanne) and others, Plaintiffs and Respondents, v. SAME, Defendants and Respondents: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Impleaded Defendant and Appellant: DANOW and another, Impleaded Defendants and Respondents.

Supreme Court of Wisconsin.

December 22, 1967.


Attorney(s) appearing for the Case

For the appellants there was a brief by Kivett & Kasdorf, attorneys, and by Ray T. McCann, attorney for Plaintiff-appellant, and Harold A. Dall, Nonald J. Lewis, Keith I. Johnston, and Leonard L. Loeb of counsel, all of Milwaukee, and oral argument by Mr. Lewis and Mr. Loeb.

For the defendants-respondents there was a brief by Kluwin, Dunphy, Hawnkin & Hayes of Milwaukee, and oral argument by Gerald T. Hayes.

For the plaintiffs-respondents there was a brief by Phillips, Hoffman & Phillips, and for the impleaded defendants-respondents by Ames, Riordan, Crivello & Sullivan, all of Milwaukee, and oral argument by Bertram J. Hoffman.


HANLEY, J.

These three issues are presented by the instant appeal:

(1) Was there any evidence to support the jury finding of negligence with respect to speed on the part of Smaglick; (2) did the trial court err in submitting both speed and management and control as elements of negligence with respect to Smaglick; (3) did the trial court err in failing to instruct as to the duties of Peterson as to lookout and yielding...

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