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ELLIS v. HANSEN

3 Wis.2d 163 (1958)

ELLIS, Appellant, vs. HANSEN, Defendant: RICKARD, Respondent.

Supreme Court of Wisconsin.

February 4, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg & Kletzke, attorneys, and John W. Bernard of counsel, all of Milwaukee, and oral argument by Mr. Bernard.

For the respondent there was a brief and oral argument by Giles F. Clark of Milwaukee.

BROWN, J.

The question is whether military service on the part of the alleged tort-feasor tolls the time when the notice of injury prescribed by sec. 330.19 (5), Stats., must be served upon him.

As the statute itself declares, its purpose is to protect the alleged tort-feasor against stale claims. Positive authority and persuasive reasons would be necessary to convince us that a person in military service is denied...

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