Erickson v. Pugh

In our opinion a new trial must be had for the reason that the issues were not properly submitted to the jury.

The facts are, briefly, that the parties left Port Washington at about 11 a. m. on November 17, 1951, to visit a hunting cottage near Elcho north of Antigo. The accident happened on Highway 45 about 200 miles north of Port Washington at approximately 9:50 that night. Between the hours of 12 noon and 9 p. m. plaintiff and defendant stopped at five different taverns along the way and consumed considerable liquor. Plaintiff admitted on adverse examination that he had ten to twelve drinks…