Wicker v. Hadler

In prizefight parlance, this was a quick knockdown. The scuffle between the two plaintiffs lasted no more than thirty to sixty seconds. There is a question as to responsibility for the scuffle. There is no question that it ended with one participant on his back on the pavement, the other kneeling or crouched over him.

The additional fact, not in dispute, is that this fight or scuffle took place in a traffic lane, not at a crosswalk, of a well-traveled traffic artery in the city of Milwaukee. (Appleton Avenue at the point where defendant’s automobile struck the prone or near-prone individuals…