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BARKER BARREL CO. v. FISHER

10 Wis.2d 197 (1960)

BARKER BARREL COMPANY, Respondent, v. FISHER, Appellant. [Two cases.]

Supreme Court of Wisconsin.

April 5, 1960.

Attorney(s) appearing for the Case

For the appellants there was a brief by Bendinger, Hayes & Kluwin, attorneys, and Donald J. Tikalsky of counsel, all of Milwaukee, and oral argument by Mr. Tikalsky.

For the respondents there was a brief by Dunn & Bonifas of Milwaukee, for the Service Fire Insurance Company, and by Hersh & Magidson of Milwaukee, for the Barker Barrel Company, and oral argument by James J. Bonifas and Frederick Hersh.

BROWN, J.

During the night of November 30, 1951, plaintiff Barker drove west on West Layton avenue in the city of Milwaukee. The night was very foggy, visibility was limited to 50 feet, and the highway was icy and very slippery. Earlier that night the automobile of one John Sommers went into the ditch on the north side of West Layton avenue. Sommers called Fisher, defendant herein, to come with his tow truck to get Sommers...

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