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HAILE v. ELLIS

5 Wis.2d 221 (1958)

HAILE, Respondent, v. ELLIS, Appellant.

Supreme Court of Wisconsin.

November 5, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Jeffris, Mouat, Oestreich, Wood & Cunningham, and oral argument by Louis D. Gage, Jr., and by Roy E. Berg, all of Janesville.

For the respondent there was a brief by Kenney, Korf & Pfeil of Elkhorn, and oral argument by Francis J. Korf.

CURRIE, J.

The issues on this appeal are:

(1) Did the plaintiff assume the risk of his injury as a matter of law?

(2) Was the plaintiff guilty of contributory negligence to the extent that his negligence constituted at least 50 per cent of the aggregate negligence of himself and that of the defendant employer?

The defenses of assumption of risk and contributory negligence have been abrogated in most master-servant cases by sec. 331.37, Stats...

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