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BRUNETTE v. BIERKE

271 Wis. 190 (1955)

BRUNETTE, Special Administratrix, Appellant, vs. BIERKE and another, Respondents.

Supreme Court of Wisconsin.

November 8, 1955.

Attorney(s) appearing for the Case

For the appellant there was a brief by Smith & Smith of De Pere, and Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Fred F. Kaftan.

For the respondents there was a brief by Everson, Ryan, Whitney & O'Melia of Green Bay, and oral argument by John C. Whitney.

GEHL, J.

With respect to the question of the verdict which inquired whether Peters was on the sidewalk when struck, the court instructed the jury as follows:

"It appears that there was a concrete sidewalk, five feet wide, running along the west side of the filling-station property, and this is the sidewalk referred to in this question. Plaintiff was either on the sidewalk when struck or on the highway known as Oak Grove avenue. You are instructed

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