Holzschuh v. Webster

If there is any issue of fact raised which entitles plaintiff to a jury determination, the motion for summary judgment was properly’denied. Prime Mfg. Co. v. A. F. Gallun & Sons Corp. (1938) 229 Wis. 348, 281 N. W. 697; Atlas Investment Co. v. Christ (1942), 240 Wis. 114, 117, 2 N. W. (2d) 714. The only contested issue of fact here presented is the speed of the defendants’ train. If the train was traveling at a rate of thirty-five miles an hour, and in view of the other undisputed facts, such speed was the proximate cause of the collision, plaintiff cannot be denied the right of a trial of…