COLLA v. MANDELLA


271 Wis. 145 (1955)

COLLA, Special Administratrix, Respondent, vs. MANDELLA and another, Appellants.

Supreme Court of Wisconsin.

November 8, 1955.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Raymond J. Moore of Milwaukee.

For the respondent there was a brief and oral argument by Joseph J. Ziino and Arlo McKinnon, both of Milwaukee.


GEHL, J.

Defendants contend first that by her pleading plaintiff is precluded from the right to rely upon the doctrine. In addition to allegations contained in her complaint setting forth facts calling for its application and asserting those facts as a separate ground of negligence, she made the following allegations upon information and belief:

"The defendant, Domenic Mandella, left his said truck parked and stopped in said alley on said incline and went...

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