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SMITH v. BENJAMIN

261 Wis. 548 (1952)

SMITH, Respondent, vs. BENJAMIN, Appellant.

Supreme Court of Wisconsin.

May 6, 1952.

Attorney(s) appearing for the Case

For the appellant there was a brief by Martin L. Fugina and Marvin L. Fugina, both of Fountain City, attorneys, and Fugina, Kostner, Quinn & Ward of Arcadia of counsel, and oral argument by Martin L. Fugina.

For the respondent there was a brief by Weinandy & Schlosstein of Cochrane, and oral argument by B. H. Schlosstein.

CURRIE, J.

The defendant Benjamin raises the following two questions on this appeal:

(1) Is there credible evidence to sustain the finding of the jury in its special verdict that Hewitt and Komro were not the servants of the plaintiff when they applied the roof on the defendant's barn in 1949? and

(2) That no judgment could rightfully be entered upon the special verdict in this case because of the failure to submit a question in the verdict as required...

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