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KANIOS v. FREDERICK

10 Wis.2d 358 (1960)

KANIOS, by Guardian ad litem, and another, Plaintiffs, v. FREDERICK and others, Defendants and Appellants: MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

May 3, 1960.

Attorney(s) appearing for the Case

For the appellants there was a brief by La France, Thompson, Greenquist, Evans & Dye of Racine, for Robert Backlund and the State Farm Mutual Automobile Insurance Company, and by Heft, Coates, Boggs & Heft of Racine, for Julia M. Frederick and the Maryland Casualty Company, and oral argument by William E. Dye and Glenn R. Coates.

For the respondent there was a brief by Whaley & Whaley of Racine, and oral argument by Vilas H. Whaley and John V. Whaley.

FAIRCHILD, J.

The circuit court was of the opinion (1) that there is an issue to be tried as to whether or not Bruch was causally negligent with respect to his signal to Mrs. Frederick (the phrasing of the opinion suggests that this was conceded by Mutual Service); (2) that if Bruch's act be deemed negligence and a cause of plaintiff's injuries, such injuries did not arise out of ownership, maintenance, or use of the sweeper, and Bruch's liability for them was not...

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