Kaestner v. Milwaukee Automobile Insurance

Plaintiff asks for a new trial. He urges, among other reasons, error in permitting the jury to consider the question of whether the defendant acted in an emergency when he turned across the .center line and entered plaintiff’s traffic lane while passing the hitchhikers. As it is considered that there was prejudicial error in so submitting the case to the jury we will confine our discussion to that point.

The instruction reads:. "... you are also instructed that dark objects against a dark background are hard to distinguish, while they show up plainly against a light background. It is…