Schumacher v. Klabunde

The sole question on this appeal is whether the trial court erred in directing a verdict excusing Schu-macher from negligence on the ground that Schumacher was confronted with an emergency as a matter of- law.

Klabunde testified that he was returning from Madison and as he approached Whitewater, Wisconsin', he began to get sleepy. He then opened the window to ward off his drowsiness. Later, when he saw the Schumacher car, he dozed momentarily for a couple of seconds and as he opened his eyes he found that he was drifting into Schumacher’s lane. At this time he -testified his steering wheel was…