HOEFT v. FRIEDEL

No. 562 (1974).

70 Wis.2d 1022 (1975)

235 N. W. 2d 918

HOEFT, Plaintiff and Respondent, v. FRIEDEL and others, Defendants and Appellants: SCHOLTEN and another, Defendants and Respondents.

Supreme Court of Wisconsin.

Decided December 19, 1975.


Attorney(s) appearing for the Case

For the appellants there were joint briefs by Kenehan & Huckaby, attorneys, and Karl W. Huckaby, Jr. of counsel, all of Milwaukee, for appellants Mary L. Friedel and American Family Mutual Insurance Company, and by Cook & Franke S. C., attorneys, and Robert F. Johnson of counsel, all of Milwaukee, for appellants Mary L. Friedel and Sentry Insurance Company, and oral argument by Mr. Johnson.

For the plaintiff-respondent there was a brief and oral argument by Herbert L. Usow S. C. of Milwaukee.

For the defendants-respondents there was a brief by Prosser, Wiedabach, Lane & Quale, S. C., attorneys, and William R. Croke of counsel, all of Milwaukee, and oral argument by Mr. Croke.


BEILFUSS, J.

The issues presented are as follows:

(1) Did an emergency exist as a matter of law?

(2) Should the plaintiff have been found equally negligent as a matter of law upon a theory of agency or maintenance of control and should the jury have been allowed to consider plaintiff's negligence in the actual operation and control of the automobile?

(3) Did the trial court err in reducing the jury...

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