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MAZUREK v. SKAAR

No. 226.

60 Wis.2d 420 (1973)

210 N.W.2d 691

MAZUREK, Respondent, v. SKAAR, Appellant.

Supreme Court of Wisconsin.

Decided October 2, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Theodore L. Priebe, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the respondent there was a brief by Habush, Gillick, Habush, Davis & Murphy, attorneys, and Howard A. Davis of counsel, all of Milwaukee, and oral argument by Howard A. Davis.

HANLEY, J.

Three issues are raised on this appeal:

1. Is there any evidence to support the jury's finding that the defendant was under orders or reasonably believed he was under orders to continue driving the vehicle regardless of his physical condition?

2. Is a guardsman immune from civil suit under sec. 21.12, Stats., for actions taken on his part which are contrary to his given orders?

3. Is the...

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