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CORNWELL v. ROHRER

38 Wis.2d 252 (1968)

CORNWELL, Plaintiff and Respondent, v. ROHRER, d/b/a E. H. ROHRER CHEVROLET COMPANY, Defendant and Respondent: CHICAGO, BURLINGTON & QUINCY RAILROAD, Defendant and Appellant. [Case No. 212.] TODD COUNTY TRANSFER, INC., Plaintiff and Respondent, v. ROHRER, d/b/a E. H. ROHRER CHEVROLET COMPANY, Defendant and Respondent: CHICAGO, BURLINGTON & QUINCY RAILROAD, Defendant and Appellant. [Case No. 213.]

Supreme Court of Wisconsin.

February 27, 1968.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Moen, Sheehan & Meyer of La Crosse, and oral argument by Leon E. Sheehan.

For the plaintiffs-respondents there were briefs by Hoerl, Day & Kamps of Marshfield, and by Wilcox & Wilcox of Eau Claire, and oral argument by John D. Day and Roy S. Wilcox.

For the defendant-respondent there were briefs by Randall E. Morey and Whelan, Morey & Morey, all of Mondovi, and by Petersen, Sutherland, Axley & Brynelson of Madison, and oral argument by Randall E. Morey and Eugene O. Gehl of Madison.

CONNOR T. HANSEN, J.

On this appeal, we consider the defendant has presented four issues:

(1) Should the jury have been instructed as to the duty to separate the disabled tractor from the trailer before attempting to tow it across the railroad crossing? Sec. 348.08 (1) and sec. 348.02 (5), Stats.1

(2) Was there any credible evidence to support the jury verdict?

(3) Was the statement made by Sawyer to the investigating...

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