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SMITH v. ATCO CO.

6 Wis.2d 371 (1959)

SMITH, Respondent, v. ATCO COMPANY and another, Appellants.

Supreme Court of Wisconsin.

February 3, 1959.

Attorney(s) appearing for the Case

For the appellants there were briefs by Arnold, Philipp & Murray of Milwaukee, for the Atco Company, and by Samuel Weitzen of Milwaukee, for the Delta Oil Products Company, and oral argument by Mr. Suel O. Arnold and Mr. Weitzen.

For the respondent there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Kurt H. Frauen and John J. Ottusch of counsel, all of Milwaukee, and oral argument by Mr. Frauen and Mr. Ottusch.

A brief was filed by Emmet Horan of Milwaukee, as amicus curiae.

CURRIE, J.

The following issues are raised on this appeal:

(1) Is the first question of the verdict, which inquires as to the misbranding of Penta-Mix, properly included in the verdict, and does it sustain the judgment in the absence of any finding that such misbranding was causal?

(2) In order to hold the manufacturer or supplier of an article liable to the ultimate consumer on the theory of negligence, where there is no privity between the plaintiff...

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