Lipinski v. Pakulski

The plaintiff contends that the verdict and judgment should be reversed as a matter of law, because there was evidence that, immediately before the accident, the defendant had diverted his attention to the rear of the car and did not see the vehicle approach him from the right until after that car had almost passed him and was commencing to cut in front of him. Those facts, even if uncontradicted, do not constitute negligence as a matter of law. We said in Duby v. Columbia County (1927), 194 Wis. 172, 174, 215 N. W. 819:

“It is not negligence as a matter of law for the driver of an automobile…