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Robert Kanzenbach v. S. C. Johnson and Son

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eBook details

  • Title: Robert Kanzenbach v. S. C. Johnson and Son
  • Author : Court of Appeals of Wisconsin
  • Release Date : January 07, 1956
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

Robert Kanzenbach, accompanied by his wife, drove eastward from Shawano on Highway 29 on the morning of May 21, 1953. Four miles east of the city Highway 22 enters 29 from the north. The intersection consists of two arms of Highway 22 which form a Y whose west end joins Highway 29 about 262 feet west of the junction of the east arm and Highway 29. The ground slopes upward toward the east and reaches a crest about 1600 feet from the intersection. The day was clear and the highway dry. Mr. Kanzenbach intended to turn onto Highway 22s west arm, but collided there with an automobile belonging to defendant S. C. Johnson and Son, Inc., and driven on company business by its employe, defendant Armstrong. Kanzenbach brought this action to recover damages he sustained as a result of the collision, alleging that it was due to the negligence of defendant Armstrong. The defendants denied the allegations of the complaint and pleaded counterclaims and cross-complaints setting up causes of action against Kanzenbach for their damages. Trial was to a jury whose special verdict determined that the collision was caused by concurrent negligence of both drivers in the proportions of 60% to Armstrong and 40% to Kanzenbach. According to the special verdict Armstrongs causal negligence was in operating his vehicle at an excessive, unreasonable and imprudent speed, and in failing to properly manage and control it. Kanzenbach was found guilty of causal negligence in failing to keep a proper lookout and in failing to properly manage and control his car. The trial court granted judgment on the verdict to Kanzenbach. Armstrong, S. C. Johnson and Son, Inc., and the corporations liability insurer appeal.


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