DRAKE v. FARMERS MUT. AUTOMOBILE INS. CO.


22 Wis.2d 56 (1963)

DRAKE, Respondent, v. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY and others, Appellants. [Case No. 82.] HOLEWINSKI, by Guardian ad litem, and another, Appellants, v. DRAKE and another, Respondents. [Case No. 83.]

Supreme Court of Wisconsin.

December 20, 1963.


Attorney(s) appearing for the Case

For the appellants there was a brief by H. E. Koehler of Shawano, and Burns & Lubinski of Seymour, and oral argument by Mr. Koehler and Mr. Michael Burns.

For the respondents there was a brief by Benton, Bosser, Fulton, Menn & Nehs of Appleton, and oral argument by David L. Fulton.


WILKIE, J.

The principal issue on this appeal is whether there is any credible evidence to sustain a jury determination that Drake was negligent in respect to speed and consequently forfeited his directional right-of-way.

The trial court found both parties negligent with respect to lookout as a matter of law. This finding is amply supported by the evidence. Miss Holewinski testified that when she entered the intersection traveling at a speed of five miles...

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