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MARTIN v. ALLSTATE INS. CO.

No. 42.

45 Wis.2d 657 (1970)

173 N.W.2d 646

MARTIN, Appellant, v. ALLSTATE INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

Decided February 6, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Peregrine, Schimenz, Marcuvitz & Cameron and Robert J. Penegor, all of Milwaukee, and oral argument by Mr. Penegor.

For the respondents there was a brief and oral argument by David B. Halling of Milwaukee.

ROBERT W. HANSEN, J.

A new trial in the interest of justice is here required because of the jury finding that driver Martin was not in any respect causally negligent. As a matter of law, he must be held to have been negligent as to lookout. The percentage of negligence attributable to such failure to maintain adequate lookout is for the jury to determine, but a finding that he was completely without negligence cannot stand.

As to lookout, Martin testified...

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