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KAMP v. CURTIS

No. 173.

46 Wis.2d 423 (1970)

175 N.W.2d 267

KAMP, Plaintiff and Respondent, v. CURTIS and another, Defendants and Appellants: FORD, BACON & DAVIS CONSTRUCTION COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

Decided March 31, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by William E. Johnson of Madison.

For the plaintiff-respondent there were briefs by Lawton & Cates, James A. Olson, and Richard L. Cates, all of Madison, and oral argument by Mr. Olson.

For the defendant-respondent there was a brief by Stafford, Rosenbaum, Rieser & Hansen and Richard A. Hollern, all of Madison, and oral argument by Mr. Hollern.

HANLEY, J.

Four issues are presented on this appeal:

(1) Did the trial court commit prejudicial error by refusing to find and instruct the jury that the plaintiff Kamp was negligent by law as to speed;

(2) Did the plaintiff's expert base his answer to a hypothetical question on facts not in evidence; and, if so, were defendants Curtis and his insurer so prejudiced as to require a new trial;

(3) Did the trial court err in not changing the jury...

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