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SMITH v. FLASH CITY TRANSIT CO.

No. 293.

66 Wis.2d 595 (1975)

225 N.W.2d 481

SMITH and wife, Respondents, v. FLASH CITY TRANSIT COMPANY and another, Appellants.

Supreme Court of Wisconsin.

Decided February 4, 1975.

Attorney(s) appearing for the Case

The cause was submitted for the appellants on the briefs of Edward Rudolph of Milwaukee; and for the respondents on the brief of Weber & Gerard of Racine.

Submitted under sec. (Rule) 251.54 January 7, 1975.

ROBERT W. HANSEN, J.

The primary issue on this appeal is whether the trial court erred in changing the jury's special verdict answer as to the bus driver's negligence from "No" to "Yes." Before submitting the case to the jury, and, in discussing proposed instructions to the jury, the trial court said:

"Well, as I recorded the testimony of the bus driver, Mr. Dixon, he testified that he first saw the...

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