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COMMERCE INS. CO. v. BADGER P. & H. STORES

265 Wis. 174 (1953)

COMMERCE INSURANCE COMPANY and others, Appellants, vs. BADGER PAINT & HARDWARE STORES, INC., Respondent.

Supreme Court of Wisconsin.

November 3, 1953.

Attorney(s) appearing for the Case

For the appellants there were briefs by H. O. Wolfe and Wolfe, O'Leary & Kenney, all of Milwaukee, attorneys, and Vilas H. Whaley of Racine of counsel, and oral argument by Mr. H. O. Wolfe and Mr. Whaley.

For the respondent there was a brief by Whyte, Hirschboeck & Minahan, attorneys, and Victor M. Harding of counsel, all of Milwaukee, and oral argument by Mr. Harding.

FAIRCHILD, J.

The Klinkert building is a row of connected buildings used as retail stores along Washington avenue in Racine. The building stands at the top of a rather steep hill. There is a narrow ledge at the rear of the building about seven feet in width, and that ledge drops away at a 50 per cent grade for a distance of about 100 feet to the rear of the building. Immediately to the west of the Klinkert building is a theater building. The blank, concrete wall of...

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