Legal Opinion

Tesch v. Wisconsin Public Service Corp.

Wisconsin Supreme Court

Decided November 5, 1957PublishedCited by 11 opinions

1Opinion of the CourtFairchild, J.

There was evidence that Lepak did not see Tesch, or at least pay any attention to him, and that he did not blow his horn. We agree with the trial court that neither of those failures could have constituted causal negligence in producing this collision. The horn would have served only as a warning to Schmidt, and Lepak’s duties with respect to Wirtz were no greater by reason of the apnroach of Tesch.

The more important questions, on which we also agree with the trial court, are:

1. Whether Lepak could have been found negligent with respect to lookout to the rear, or management and control and,

2.…

2Cases cited3 opinions

  1. Statz v. PohlWisconsin Supreme Court · 1954
  2. Thoresen v. GrythingWisconsin Supreme Court · 1953
  3. Wodill v. SullivanWisconsin Supreme Court · 1955

3Cited by11 opinions

  1. Kuether v. LockeSupreme Court of Minnesota · 1961
  2. Burlison v. JanssenWisconsin Supreme Court · 1966
  3. Diener v. Heritage Mutual InsuranceWisconsin Supreme Court · 1967
  4. Haislet v. CrowleyDistrict Court of Appeal of Florida · 1964
  5. St. Clair v. McDonnellWisconsin Supreme Court · 1966

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