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LUTZ v. SHELBY MUT. INS. CO.

No. 56 (1974).

70 Wis.2d 743 (1975)

235 N. W. 2d 426

LUTZ, Respondent, v. SHELBY MUTUAL INSURANCE COMPANY and another, Appellants.

Supreme Court of Wisconsin.

Decided November 25, 1975.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Kasdorf, Henderson, Dall, Lewis & Swietlik, attorneys, and Werner E. Scherr of counsel, all of Milwaukee.

For the respondent the cause was submitted on the brief of Donald J. Jacquart, S. C. and Marvin Resnick, S. C., attorneys, and Donald J. Jacquart, S. C. of counsel, all of Milwaukee.

Submitted under sec. (Rule) 251.54 October 30, 1975.

BEILFUSS, J.

On appeal, defendants contend that a new trial should be granted because the trial court erred in instructing the jury on the duty of a motorist to yield to a pedestrian in an unmarked crosswalk and in refusing to give the emergency instruction. The defendants also argue a new trial is warranted in the interest of justice because of the perverse nature of the verdict as reflected by the finding...

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