Kemps v. Wendt

Plaintiff’s intestate was standing on a state trunk highway and was struck and killed by a car driven by Plugo Wendt, under circumstances hereinafter to be set forth. The principal question in this case is whether the finding of the jury that defendant, Wendt, was not negligent as to rate of speed is against the great weight and clear preponderance of the evidence.

The following are the facts:"On December 31, 1945, decedent and his wife had gone to Wrightstown. Plaintiff and decedent then called at the home of neighbors by the name of Garrity who resided in the town of Kaukauna. At about 9:30…