Schoenauer v. Wendinger

This appeal raises two questions on the liability phase of this controversy (the damage aspects of the case are not involved on this appeal):

1. Did the trial court err in admitting the deposition testimony of Stanley Brodnicki ?

2. Did the trial court err in the instructions given to the jury on the issue of right-of-way?

No proper foundation laid for receipt of deposition.

On October 2, 1967, defendant took the deposition of Stanley Brodnicki, pursuant to sec. 887.27, Stats. The reasons therefor were in compliance with this section in that at the time the deposition was taken Brodnicki was…