Legal Opinion
Gordon E. Magnuson v. Fairmont Foods Company, Inc., and American Mutual Liability Insurance Company, Defendants-Respondents
Court of Appeals for the Seventh Circuit
Decided July 11, 1968No. 16704PublishedCited by 2 opinions
1Opinion of the Court
KILEY, Circuit Judge.
This is a diversity personal injury action. 1 Plaintiff Magnuson has appealed from a directed verdict of not guilty in favor of defendant Fairmont Foods Company, Inc. 2 We reverse and remand for trial.
On July 31, 1965, about 2:30 a. m., Magnuson was riding his motorcycle north on Highway 41 in the outskirts of Green Bay, Wisconsin. He overtook Fairmont’s northbound semi-trailer-tractor driven by its employee Holewinski. After following the Fairmont vehicle for a short time, Magnuson attempted to pass and in the process was struck by a southbound passenger vehicle and was…
2Cases cited3 opinions
- Tesch v. Wisconsin Public Service Corp.Wisconsin Supreme Court · 1957
- Piesik v. DeusterWisconsin Supreme Court · 1943
- Schmidt v. C. Schlei Dray Line, Inc.Wisconsin Supreme Court · 1959
3Cited by2 opinions
- Gordon E. Magnuson v. Fairmont Foods Company, Inc., a Foreign Corporation, and American Mutual Liability Insurance Company, a Foreign CorporationCourt of Appeals for the Seventh Circuit · 1971
- Mack v. Earle M. Jorgensen Co.District Court, E.D. Wisconsin · 1970