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SAILING v. WALLESTAD

32 Wis.2d 435 (1966)

SAILING and another, Respondents, v. WALLESTAD and another, Appellants.

Supreme Court of Wisconsin.

November 1, 1966.

Attorney(s) appearing for the Case

For the appellant State Farm Mutual Automobile Insurance Company there were briefs by Roberts, Boardman, Suhr & Curry and Bradway A. Liddle, Jr., and oral argument by Henry A. Field, Jr., all of Madison.

For the respondents there was a brief by Aberg, Bell, Blake & Metzner of Madison, and oral argument by Carroll Metzner.

BEILFUSS, J.

The appeal presents these issues:

(1) Does the credible evidence support the finding that the defendants were 65 percent negligent and the plaintiffs 35 percent negligent?

(2) Did the trial court err in refusing to instruct the jury that defendant Wallestad could assume that the plaintiff Sailing would yield the right-of-way to him?

(3) Did the trial court err in failing to give an instruction...

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