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WESTERN CASUALTY & SURETY CO. v. DE SMIDT

No. 249.

50 Wis.2d 672 (1971)

184 N.W.2d 848

WESTERN CASUALTY & SURETY COMPANY, Appellant: MELDAHL and wife, Plaintiffs, v. DE SMIDT and another, Respondents.

Supreme Court of Wisconsin.

Decided March 30, 1971.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Heide, Sheldon, Hartley, Thom & Wilk and W. A. Sheldon, all of Kenosha.

For the respondents there was a brief by Heft, Coates, Heft, Henzl & Bichler and Robert H. Bichler, all of Racine, and oral argument by Robert H. Bichler.

HEFFERNAN, J.

Inasmuch as the question of damages is not at issue unless the negligence questions are resolved favorably to the plaintiff, plaintiff-appellant has not argued damages before this court. The issues posed, therefore, are whether there was credible evidence to support the jury's verdict finding Phillip Meldahl negligent and to support the jury's apportionment of 65 percent of the negligence to Meldahl and 35 percent to De Smidt.

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