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WERNER TRANSPORTATION CO. v. BARTS

Nos. 111, 112.

57 Wis.2d 714 (1973)

205 N.W.2d 394

WERNER TRANSPORTATION COMPANY and another, Respondents, v. BARTS and another, Appellants. RATWIK, Individually and as Special Administratrix, Respondent, v. NATIONAL INDEMNITY COMPANY and others, Appellants.

Supreme Court of Wisconsin.

Decided March 27, 1973.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Lawrence M. Engelhard and Engelhard, Snodgrass & Goerdt, all of La Crosse.

For the respondents in Case No. 111 the cause was submitted on the brief of Johns, Flaherty, Harman & Gillette of La Crosse.

For the respondent in Case No. 112 the cause was submitted on the brief of Vieth & Feldman of Mauston.

Submitted under sec. (Rule) 251.54 March 1, 1973.

HEFFERNAN, J.

The jury's verdict was based upon testimony that indicated that, at the time of the accident, Barts was either stopped on the highway or proceeding at a very low speed, that his headlights were either not burning at all or were extremely dim, and that the taillights were not functioning.

The trial judge instructed that:

"A safety statute provides that no person shall operate a...

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