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BOLLER v. COFRANCES

No. 33.

42 Wis.2d 170 (1969)

166 N.W.2d 129

BOLLER, Administratrix of the Estate of HENRY BOLLER, Appellant, v. COFRANCES and another, Respondents.

Supreme Court of Wisconsin.

Decided April 1, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Arneson, Berg & Doyle and Patrick R. Doyle, all of La Crosse, and oral argument by Patrick R. Doyle.

For the respondents there was a brief by Crosby & Esch and Fredric W. Crosby, all of La Crosse, and oral argument by Fredric W. Crosby.

HEFFERNAN, J.

On this appeal the plaintiff claims that the trial court should have instructed the jury that:

"The disfavored driver in determining whether the favored driver is approaching the intersection should not be bound to anticipate that the favored driver would be approaching at an unreasonably high rate of speed in excess of the speed limit."

Whether the trial judge should have given the instruction now urged will not be decided on this appeal...

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