Briggs Transfer Co. v. Farmers Mutual Automobile Insurance

The appellants submit that there is duplication, which requires a new trial, in the jury’s findings of causal negligence in respect to Medema’s lookout and his management and control. Medema testified that he did not see Fluekiger’s truck at any time before the collision and this was not controverted by any other evidence. We have often held that where a driver did not see what was plainly in sight his negligence is one of lookout only and his management and control do not enter the case. Marchant v. Franz (1951), 259 Wis. 289, 48 N. W. (2d) 620; Reynolds v. Madison Bus Co. (1947), 250 Wis.…