Wallace v. Pafke

The following opinion was filed February 4, 1930:

Fowler, J.

The facts above stated were mostly without dispute. So far as in dispute they might properly be in*288ferred from the evidence to be as stated. The crucial question in the case is whether the defendant Papke had the right of way as matter of law when he entered the intersection. If he did, the instruction of the court complained of by appellant was erroneous and prejudicial and there must be a new trial.

Sec. 85.01 (4), Stats., in force at the time of the collision, provided that when two vehicles approached or entered an intersection at…