SCHEMENAUER v. TRAVELERS INDEMINITY CO.


34 Wis.2d 299 (1967)

SCHEMENAUER and another, Plaintiffs and Respondents, v. TRAVELERS INDEMNITY COMPANY and others, Defendants and Respondents: ST. PAUL FIRE & MARINE INSURANCE COMPANY and others, Defendants and Appellants.

Supreme Court of Wisconsin.

April 11, 1967.


Attorney(s) appearing for the Case

For the defendants-appellants St. Paul Fire & Marine Insurance Company and Francis J. Coffey there was a brief and oral argument by Raymond R. Colwin of Fond du Lac.

For the defendants-appellants Home Mutual Insurance Company and Erwin F. Kuehl there were briefs by Worthing, Schneider & Mickiewicz of Found du Lac, and oral argument by Kenneth E. Worthing.

For the plaintiffs-respondents there were briefs by Marth & Marth of West Bend, and oral argument by William J. Marth.

For the defendants-respondents there was a brief and oral argument by Edward T. O'Neill of Found du Lac.


HALLOWS, J.

Although there are many issues raised, only those which are diapositive of the case and some which may again appear on the retrial will be considered.

Coffey's Appeal.

Coffey argues for reversal on the ground he was confronted with an emergency as a matter of law and the credible evidence is insufficient to support a finding of causal negligence on his part. These arguments require a review of the evidence which under long-established...

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