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DUTCHER v. PHOENIX INS. CO

37 Wis.2d 591 (1968)

DUTCHER and another, Respondents, v. PHOENIX INSURANCE COMPANY and another, Appellants.

Supreme Court of Wisconsin.

January 30, 1968.

Attorney(s) appearing for the Case

For the appellants there were briefs by Campbell, Brennan, Steil & Ryan and James E. Brennan and Thomas J. Basting, all of Janesville, and oral argument by James E. Brennan.

For the respondents there was a brief and oral argument by Philip Weinberg of Milwaukee.

WILKIE, J.

Six issues are presented on this appeal. They are:

1. Did the trial court improperly deny Britt's affidavit of prejudice?

2. Did the trial court err when it refused to submit active negligence and apportionment questions to the jury concerning Robert Gurney's role in the accident?

3. Did the trial court err when it found Larry Britt negligent as a matter of law?

4. Was the trial court's instruction concerning the immateriality...

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