Schwellenbach v. Wagner

Wisconsin Supreme Court

Schwellenbach v. Wagner

56 N.W.2d 827, 263 Wis. 95, 1953 Wisc. LEXIS 326

Procedural entryThis page is a short order in Schwellenbach v. Wagner. Read the opinion of the Court — 258 Wis. 526 →

Wisconsin Supreme Court·Decided February 3, 1953·Published

Opinion

Broadfoot, J.

The question of Wagner’s negligence in failing to display the red flag was properly submitted, and that matter has been determined by a jury. Whether or not the negligence of Wagner in parking as he did was a proximate cause of the collision has not been answered. There must be a new trial on this question.

At the new trial the court will answer in the affirmative a question directed to Wagner’s negligence in parking. He will then have a jury answer a question as to whether or not that negligence was a proximate cause of the collision.

By the Court. — Judgment reversed and cause remanded for further proceedings in accordance with this opinion.

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Broadfoot, J.

The question of Wagner’s negligence in failing to display the red flag was properly submitted, and that matter has been determined by a jury. Whether or not the negligence of Wagner in parking as he did was a proximate cause of the collision has not been answered. There must be a new trial on this question.

At the new trial the court will answer in the affirmative a question directed to Wagner’s negligence in parking. He will then have a jury answer a question as to whether or not that negligence was a proximate cause of the collision.

By the Court. — Judgment reversed and cause remanded for further proceedings in accordance with this opinion.

Schwellenbach v. Wagner, 56 N.W.2d 827, 263 Wis. 95, 1953 Wisc. LEXIS 326 (Wis. 1953).

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56 N.W.2d 827 (Schwellenbach v. Wagner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.