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AMERICAN FAMILY MUT. INS. CO. v. SHANNON

No. 83-1368.

120 Wis.2d 560 (1984)

356 N.W.2d 175

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Plaintiff-Appellant, v. John L. SHANNON, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided October 30, 1984.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Daniel L. Smart and Kingston and Smart, Mukwonago, and Christopher T. Kolb, of counsel.

For the defendant-respondent there was a brief by Louis F. Gerard and Gerard & Gerard, S.C., Racine.

STEINMETZ, J.

The issue in this case is whether a trial court, sitting as the trier of fact, can rely on an unrequested, unannounced, unaccompanied and unrecorded view of an accident scene in assessing the evidence produced at trial.

At approximately 12:01 a.m. on the morning of August 15, 1981, a collision occurred in the town of Mount Pleasant in the northbound lane of Highway 32, also known as Racine Street....

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