Lisowski v. Milwaukee Automobile Mutual Insurance

Several issues arise concerning the instructions given to the jury which the defendants argue were prejudicial “plaintiff instructions.” The trial court instructed on a driver’s duty when children are present, Form 1045, Wis. J I — Civil, Part I. Giving of this instruction was error. This is not a case in which the driver had actual notice that children were playing in the area, as in Hartzheim v. Smith (1941), 238 Wis. 55, 298 N. W. 196, Hanes v. Hermsen (1931), 205 Wis. 16, 236 N. W. 646, and Ruka v. Zierer (1928), 195 Wis. 285, 218 N. W. 358. Nor were there any special facts which would…