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WISCONSIN NAT. GAS CO. v. EMPLOYERS MUT. L. INS. CO.

263 Wis. 633 (1953)

WISCONSIN NATURAL GAS COMPANY, Plaintiff and Respondent, vs. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Defendant and Respondent: LIBERTY MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

May 5, 1953.

Attorney(s) appearing for the Case

For the appellant there were briefs by Otjen & Otjen of Milwaukee, and oral argument by Carl Neprud Otjen.

For the respondent Wisconsin Natural Gas Company there was a brief by Shaw, Muskat & Paulsen, attorneys, and Robert W. Haight of counsel, all of Milwaukee, and oral argument by Mr. Haight.

For the respondent Employers Mutual Liability Insurance Company of Wisconsin there was a brief by Quarles, Spence & Quarles, attorneys, and Kenneth P. Grubb, Richard S. Gibbs, and Edmund W. Powell of counsel, all of Milwaukee, and oral argument by Mr. Gibbs.

FAIRCHILD, J.

On June 6, 1949, defendant Ingbretson, traveling from Park Falls to Milwaukee, reached a point about seven miles south of West Bend on Highway 55 when he drove off the highway, struck a utility pole belonging to plaintiff, and caused the damage complained of. The evidence shows clearly that he was tired, and that in the 269 miles he had driven from Park Falls he had realized he was some-what fatigued. He stopped his automobile three times to rest. On...

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