BRITTON v. HOYT

No. 160.

63 Wis.2d 688 (1974)

218 N.W.2d 274

BRITTON and another, Plaintiffs and Respondents, v. HOYT and another, Defendants and Third-Party Plaintiffs and Appellants: ALLSTATE INSURANCE COMPANY, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 4, 1974.


Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Garvey, O'Brien, Anderson & Kelly of Eau Claire.

For plaintiffs-respondents the cause was submitted on the brief of Robert J. Richardson and Gavic, Richardson & Skow, all of Spring Valley.

For the third-party defendant-respondent the cause was submitted on the brief of Alan S. Robertson and Tarrant, Mattka & Robertson, all of Blair.


Submitted under sec. (Rule) 251.54 April 3, 1974.

HALLOWS, C. J.

The basic issue on this appeal is whether the trial court should have changed the apportionment of causal negligence found by the jury; and if so, whether the apportionment made is sustained by the evidence.

The facts out of which this issue arises are somewhat in dispute. Britton and Lund spent part of the evening of July 29, 1968, at a dance hall called "Out of Sight" in

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