GARCIA v. HERITAGE MUT. INS. CO.


16 Wis.2d 50 (1962)

GARCIA and another, Respondents, v. HERITAGE MUTUAL INSURANCE COMPANY and another, Appellants.

Supreme Court of Wisconsin.

March 6, 1962.


Attorney(s) appearing for the Case

For the appellants there was a brief by Mittelstaed, Heide, Sheldon & Hartley of Kenosha, and oral argument by William A. Sheldon.

For the respondents there was a brief and oral argument by K. Thomas Savage of Kenosha.


FAIRCHILD, J.

1. Change of answer as to right of way. Defendant Ciapetta argues that Emilio Garcia was negligent as a matter of law in failing to yield the right of way.

Sec. 346.18 (4), Stats., provides:

"Entering highway from alley or nonhighway access. The operator of a vehicle entering a highway from an alley or from a point of access other than another highway shall yield the right of way to all vehicles approaching on the highway...

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