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MIX v. FARMERS MUT. AUTOMOBILE INS. CO.

6 Wis.2d 38 (1959)

MIX, Appellant, v. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

January 2, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Steele, Smyth, Klos, Thompson & Flynn of La Crosse, and oral argument by Jerome J. Klos.

For the respondents there was a brief by Johns, Roraff, Pappas & Flaherty of La Crosse, and oral argument by Daniel T. Flaherty.

MARTIN, C. J.

The accident happened on July 26, 1956, at about 5:45 p. m., three miles southeast of La Crosse on State Highway 33. The highway, a 20-foot-wide concrete pavement, running in an east-west direction, was dry and driving conditions were ideal.

At 5:30 p. m. defendant Hass had unloaded rock from his dump truck along a terrace wall on the property of William R. Trapp just north of the highway. There was no driveway at this point. Hass had backed...

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