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FLEISCHMAN v. HOLZ

23 Wis.2d 415 (1964)

FLEISCHMAN and another, Appellants, v. HOLZ, d/b/a SERVICE CAB, and another, Respondents.

Supreme Court of Wisconsin.

March 31, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kersten & McKinnon of Milwaukee, and oral argument by Arlo A. McKinnon.

For the respondents there was a brief by O'Melia & Kaye of Rhinelander, and oral argument by John F. O'Melia.

CURRIE, C. J.

Plaintiffs seek a new trial upon these alleged grounds of error:

(1) The trial court by its instructions to the jury erroneously confined the negligence issue to whether Holz or Mrs. Fleischman was responsible for closing the taxicab door even though there was evidence that would warrant a finding that Holz was negligent in other respects.

(2) The trial court erred in failing to instruct the jury with respect to the degree of care which...

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