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RABATA v. DOHNER

Nos. 119, 120.

45 Wis.2d 111 (1969)

172 N.W.2d 409

RABATA, Respondent, v. DOHNER and another, Appellants. DOHNER and another, Appellants, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

Decided December 2, 1969.

Attorney(s) appearing for the Case

For the appellants there was a brief by Aberg, Bell, Blake & Metzner of Madison, and oral argument by Carroll E. Metzner and Vaughn S. Conway of Baraboo.

For the respondents there was a brief by Francis R. Bannen of Wisconsin Dells, and for the respondent David R. Rabata by William H. McEssy of Fond du Lac, and oral argument by Mr. Bannen and Mr. McEssy.

HEFFERNAN, J.

There is really only one issue to be determined. That is, in whose lane the collision occurred. Rabata testified that Dohner, proceeding from the east, drove his vehicle in a "baseball curve" that resulted in a collision on Rabata's side of the road. Dohner testified that, although when he first saw Rabata he appeared to be in his proper lane, at the instant before the impact he realized that Rabata had invaded...

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