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HYLAND HALL & CO. v. MADISON G. & E. CO.

11 Wis.2d 238 (1960)

HYLAND HALL & COMPANY, Plaintiff, v. MADISON GAS & ELECTRIC COMPANY, Defendant and Respondent: FORD, BACON & DAVIS, INC., and another, Interpleaded Defendants and Appellants; and seven other cases.

Supreme Court of Wisconsin.

October 4, 1960.

Attorney(s) appearing for the Case

For the appellant Ford, Bacon & Davis, Inc., there were briefs by Ela, Christianson, Ela, Esch, Hart & Clark of Madison, and oral argument by G. Burgess Ela and James F. Clark.

For the appellant Rockwell Manufacturing Company there was a brief by Petersen, Sutherland, Axley & Brynelson, and oral argument by R. J. Sutherland and Frank J. Bucaida, all of Madison.

For the respondent there were separate briefs by Rieser, Stafford, Lesselyoung & Rosenbaum and Aberg, Bell, Blake & Metzner, and oral argument by Willard S. Stafford, Robert M. Rieser, Carroll E. Metzner, Frank A. Ross, and Frank A. Ross, Jr., all of Madison.

HALLOWS, J.

Each interpleaded defendant claims that the undisputed facts relieve it of any legal liability for the explosions and, therefore, its motion to dismiss the cross complaint summarily should have been granted. For the sake of clarity we will consider each appeal separately.

The facts common to both appeals, however, are as follows: The defendant, Madison Gas & Electric Company, for some fifty years...

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