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RICHARDS v. PICKANDS-MATHER CO.

257 Wis. 365 (1950)

RICHARDS, Plaintiff and Respondent, vs. PICKANDS-MATHER COMPANY and another, Defendants and Appellants: PRIEWE and others, Interpleaded Defendants and Respondents.

Supreme Court of Wisconsin.

June 30, 1950.

Attorney(s) appearing for the Case

For the appellants 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 there was a brief by Wilkie, Toebaas, Hart, Kraege & Jackman of Madison, and Herman A. Schmidt of Lake Mills, and oral argument by W. L. Jackman.

For the interpleaded respondents there was a brief by Rieser & Mathys of Madison, and oral argument by C. G. Mathys.

BROWN, J.

Appellants contend that the causal negligence of Priewe was a question for the jury but the causal negligence of Sundmacher, and the percentage thereof, was not. We must examine the record to see if there is any testimony which, if the jury believed it, will support the finding that Sundmacher was negligent and such negligence contributed to cause the accident; next whether Richards' negligence, which is not denied on this appeal, is as great or greater...

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