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SCHULTZ v. MILLER

259 Wis. 316 (1951)

SCHULTZ and wife, Plaintiffs and Respondents, vs. MILLER and another, Defendants and Appellants: LENON and others, Interpleaded Defendants and Respondents.

Supreme Court of Wisconsin.

June 15, 1951.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kivett & Kasdorf of Milwaukee, attorneys, and J. Arthur Moran of Delavan of counsel, and oral argument by Clifford C. Kasdorf.

John B. Morrissy of Lake Geneva, for the respondents.

For the interpleaded respondents Frank S. Lenon, Robert K. Lenon, and Milwaukee Automobile Insurance Company, Limited, Mutual, there were briefs by McCue, Regan & McCue of Milwaukee, and Crosby H. Summers of Janesville, and oral argument by Mr. Summers.

Emmet Horan of Milwaukee, for the interpleaded respondent Globe Indemnity Company.

MARTIN, J.

This action grows out of an automobile accident that occurred at about 8:30 a. m. on August 11, 1948, in the city of Lake Geneva, Wisconsin.

Plaintiffs had taken their automobile to the Lenon garage in Lake Geneva for repairs to the speedometer. Because the repairs could not be made immediately, Jack Abbott, an employee of the garage, after obtaining permission from his employers or at their suggestion...

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