Wroblewski v. Exchange Insurance

DUFFY, Circuit Judge.

This is a suit to recover damages alleged to have been caused by the negligent operation of a tractor-trailer unit operated by McDowell Truck Line, Inc. (McDowell), one of the defendants. The case was tried to a Jury- Under the Wisconsin comparative negligence law, the jury attributed 55% of the causal negliS'ence to the plaintiff and 45% to the defendants. Upon this verdict and under Wisconsin law, the Court entered judgment for the defendants,

On July 12, 1955, at approximately 3:00 a. m., plaintiff v/as operating a tractor-trailer unit on U. S. Highway 41, a short…