James Lisowski v. Milwaukee Automobile

The plaintiffs James Lisowski, an infant, and his father Marcel Lisowski recovered a judgment against the defendants Gail Flury and his insurer Milwaukee Automobile Mutual Insurance Company for injuries received by James when he was struck by an automobile driven by Gail Flury. The accident occurred about 2:30 p. m. on May 18th, 1960, on Main street, which is 52 feet wide and the principal street in the business section of Arcadia, Wisconsin. Just before the accident James, 5 years old, was with his parents on the north side of the street. His father crossed Main street in the middle of the block and as the father neared the south curb, the child started to cross over to his father. Cars were parked along the north side of the street the after James emerged from between the parked cars and into the north lane, he was struck by the middle of the front end of Flurys westbound car. The testimony is conflicting whether James walked into the street or ran and as to the distance he traveled after emerging from the parked cars to the point where he was hit. Flurys testimony is conflicting but is to the effect he did not see the boy until the child was in front of the car and about to be hit. Flury was traveling 20 miles per hour in the middle of the north lane.