HEIMLICH v. KEES APPLIANCE CO.


256 Wis. 356 (1950)

HEIMLICH, Plaintiff and Respondent, vs. KEES APPLIANCE COMPANY and another, Defendants and Respondents: ALLSTATE INSURANCE COMPANY, Interpleaded Defendant and Appellant.

Supreme Court of Wisconsin.

February 7, 1950.


Attorney(s) appearing for the Case

For the appellant there was a brief by Aberg, Bell, Blake & Conrad and Carroll Metzner, all of Madison, and oral argument by Mr. Wm. J. P. Aberg and Mr. Metzner.

For the respondent Kees Appliance Company there was a brief by Schubring, Ryan, Petersen & Sutherland, and oral argument by Donald H. Hesse, all of Madison.

For the respondent Max S. Clark there was a brief by William E. Sieker, of Madison.


GEHL, J.

On October 15, 1947, plaintiff, Mary E. Heimlich, was injured in the store of defendant, Kees Appliance Company, when she came in contact with a handcart used by defendant Clark, an independent contractor, to transport cabinets from the back of the store to his truck parked at the curb.

At the time in question there was in force an automobile liability insurance policy issued by interpleaded defendant, Allstate...

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