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JANKOWSKI v. A. O. SMITH CORP.

No. 229.

62 Wis.2d 440 (1974)

215 N.W.2d 447

JANKOWSKI, Appellant, v. A. O. SMITH CORPORATION and others, Respondents.

Supreme Court of Wisconsin.

Decided March 5, 1974.

Attorney(s) appearing for the Case

For the appellant there was a brief by Brady, Pachefsky & Sullivan, attorneys, and Jerome F. Pogodzinski of counsel, all of Milwaukee, and oral argument by Mr. Pogodzinski and Robert J. Brady.

For the respondents there was a brief by Kivett & Kasdorf, attorneys, and John M. Swietlik and James F. Eldridge of counsel, all of Milwaukee, and oral argument by Mr. Eldridge.

BEILFUSS, J.

The controlling issue is whether it was error to instruct the jury as to the emergency instruction.1

The plaintiff-appellant contends that "[t]he trial court erred in giving an emergency instruction to the jury regarding the individual defendant's conduct when in fact the sole cause of the collision was the individual defendant's negligence as to management and control and...

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