MOOSE v. MILWAUKEE MUT. INS. CO.

Nos. 73-77.

41 Wis.2d 120 (1968)

163 N.W.2d 183

MOOSE, by Guardian ad litem, and another, Plaintiffs and Respondents, v. MILWAUKEE MUTUAL INSURANCE COMPANY, Defendant and Appellant: WESTERN STATES MUTUAL INSURANCE COMPANY, Defendant and Respondent. WASIELEWSKI, by Guardian ad litem, and another, Plaintiffs and Respondents, v. SAME, Defendant and Appellant: SAME, Defendant and Respondent. GAUDYNSKI and wife, Plaintiffs and Respondents, v. SAME, Defendant and Appellant: SAME, Defendant and Respondent. BOGUSZEWSKI, by Guardian ad litem, and another, Plaintiffs and Respondents, v. SAME, Defendant and Appellant: SAME, Defendant and Respondent. HERO, by Guardian ad litem, and another, Plaintiffs and Respondents, v. SAME, Defendant and Appellant: SAME, Defendant and Respondent.

Supreme Court of Wisconsin.

Decided December 20, 1968.


Attorney(s) appearing for the Case

For the appellant there was a brief by D. J. Regan, attorney, and Thomas J. Regan of counsel, both of Milwaukee, and oral argument by D. J. Regan.

For the respondents Moose, there was a brief by Kersten & McKinnon, attorneys, and Arlo McKinnon of counsel, all of Milwaukee; for the respondents Wasielewski, by Erbstoeszer, Cleary & Zabel, attorneys, and Patrick T. McMahon of counsel, all of Milwaukee; for the respondents Gaudynski, by Karius, Kmiec & Kay, attorneys, and Marjan R. Kmiec of counsel, all of Milwaukee; for the respondents Boguszewski, by Frinzi, Catania & Neubecker, attorneys, and Nicholas C. Catania of counsel, all of Milwaukee; and for the respondents Hero, by Meldman & Kahn, attorneys, and Clifford K. Meldman of counsel, all of Milwaukee, and oral argument by Arlo McKinnon, Clifford K. Meldman, and Patrick T. Mc-Mahon.


CONNOR T. HANSEN, J.

The collision which produced this litigation occurred January 28, 1966, at about 8 p. m. on Highway 41 south of the village of Germantown. Highway 41 is a four-lane highway and the north and south lanes are separated by a median strip.

Runion was alone in his automobile (with the headlight on the driver's side out) and was traveling south on the wrong side of the highway on the inner lane (nearest the median strip). Crane was traveling...

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