ROCHESTER AMERICAN INS. CO. v. PLUMBERS SUPPLY CO.


258 Wis. 519 (1951)

ROCHESTER AMERICAN INSURANCE COMPANY and others, Appellants, vs. PLUMBERS SUPPLY COMPANY, Respondent.

Supreme Court of Wisconsin.

March 6, 1951.


Attorney(s) appearing for the Case

Kenneth E. Worthing of Fond du Lac, for the appellants.

Ervin A. Weinke, attorney, and John P. McGalloway of counsel, both of Fond du Lac, for the respondent.


HUGHES, J.

Defendant's office was situated near the Petrie warehouse. The employee of the defendant was charged with the duty of disposing of the weekly accumulation of wastepaper which was dumped each day from the wastebasket into a carton. This he did by burning it in a steel drum from which one end had been cut.

On the morning of April 30, 1949, he placed the drum about thirty to thirty-five feet from the Petrie warehouse, dumped the contents of the carton...

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