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DAIRYLAND CO-OP. CHEESE ASSO. v. BRIGGS TRANS. CO.

4 Wis.2d 439 (1958)

DAIRYLAND CO-OPERATIVE CHEESE ASSOCIATION, Plaintiff and Respondent, vs. BRIGGS TRANSFER COMPANY, Defendant and Appellant: SPECTOR MOTOR SERVICE, INC., Interpleaded Defendant and Appellant.

Supreme Court of Wisconsin.

June 3, 1958.

Attorney(s) appearing for the Case

For the appellant Briggs Transfer Company there was a brief by Schubring, Ryan, Petersen & Sutherland, and oral argument by James C. Herrick, all of Madison.

For the appellant Spector Motor Service, Inc., there was a brief by Walter C. Crocker and William A. Adler, both of Eau Claire, and oral argument by Mr. Adler.

For the respondent there was a brief by William A. Cameron and Howard W. Cameron, both of Rice Lake, and oral argument by Howard W. Cameron.

FAIRCHILD, J.

The only questions are whether there is evidence to support the court's finding that the damage occurred while the cheese was being transported by Spector and whether plaintiff sufficiently proved the amount of damages. It appears to be conceded that if the cheese was damaged before delivery at Philadelphia, plaintiff is entitled to its judgment against Briggs, the initial carrier, and Briggs is entitled to its judgment against Spector.

Exhibit...

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