(Download) "Soczka v. Rechner" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: Soczka v. Rechner
- Author : Supreme Court of Wisconsin
- Release Date : January 14, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The judgments appealed from, dismissing the complaint of the plaintiffs against each of the defendants, are based on a jury verdict finding the plaintiff Alois Soczka, Jr., 45 percent negligent and defendants Jacob Rechner and Irvin Huebsch 30 percent and 25 percent negligent, respectively, in an accident in which Soczka's car collided with a tractor being driven by the defendant Huebsch. The questions on appeal are (1) Should Huebsch's negligence be imputed to Rechner on the theory that Huebsch was Rechner's agent? (2) Should the plaintiff here be allowed to recover under sec. 895.045, Stats., 1 where he is more negligent than any of the other individual tort-feasors but not more than 50 percent negligent? On May 30, 1970, at approximately 1:00 a.m., Jacob Rechner drove Arthur Schultz to the farm of Leroy Lange where Schultz worked and maintained his residence. The Lange farm is located on Highway N in Marathon county. In the course of backing out of the Lange driveway Rechner proceeded all the way across Highway N and into the ditch on the opposite side of the road. He was unable to drive his car out of the ditch; and Schultz came to his assistance with a Lange tractor and a rope. The two tried unsuccessfully to pull the car out of the ditch.