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JACOBS v. MILWAUKEE & SUBURBAN TRANSP. CORP.

No. 110.

41 Wis.2d 661 (1969)

165 N.W.2d 162

JACOBS, Appellant, v. MILWAUKEE & SUBURBAN TRANSPORT CORPORATION, Respondent.

Supreme Court of Wisconsin.

Decided March 4, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Habush, Gillick, Habush & Davis, and oral argument by James J. Murphy, all of Milwaukee.

For the respondent there was a brief by Kivett & Kasdorf, attorneys, and John M. Swietlik of counsel, all of Milwaukee, and oral argument by Mr. Swietlik.

HALLOWS, C. J.

The action was dismissed because the contribution of Mrs. Jacobs' negligence exceeded that of the defendant bus driver. Sec. 895.045, Stats. The first issue is whether the jury's finding on apportionment of this negligence is sustained by the evidence. There was sufficient evidence to raise a jury question of causal negligence on the part of both the bus driver and Mrs. Jacobs and we cannot hold Mrs. Jacobs was not negligent as a matter of law.

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