KNUTTER v. BAKALARSKI

No. 179.

52 Wis.2d 751 (1971)

191 N.W.2d 235

KNUTTER and wife, Appellants, v. BAKALARSKI and another, Respondents.

Supreme Court of Wisconsin.

Decided November 5, 1971.


Attorney(s) appearing for the Case

For the appellants there was a brief by Foley, Capwell, Foley & Seehawer of Racine, and oral argument by Rex Capwell.

For the respondents there was a brief by Helm, Myers, Gillette & Christensen of Racine, and oral argument by Einer Christensen.


HALLOWS, C. J.

Both parties agree the issue is whether a volunteer fireman crossing a highway on foot while in the course of acting as a fireman engaged in a search for a reported fire is to be held to a lesser standard of care for his own safety than that which is imposed upon an ordinary highway pedestrian. A request for an instruction to the jury to that effect was made and refused by the trial court as being inapplicable on the facts. Although the finding by the...

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