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2 Wis. 2d 149

Marshall v. Colburn

Wisconsin Supreme Court

Decided November 5, 1957

Wisconsin Supreme Court · decided 1957-11-05

Decided 1957-11-05

Fairchild, J.

¶1(dissenting). The majority’s holding upon the issue of Colburn’s negligence is based upon a finding as a matter of law that Colburn’s lookout was sufficient though he did not see Mrs. Marshall’s car turning and moving until it was already “moving on the highway.” Upon this record it seems to me that this issue is really one of fact and that the finding of the trial court determined the matter.

I am authorized to state that Mr. Justice Currie joins in this dissent.
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