MUSKA v. ECONOMY BLOCK CO.


9 Wis.2d 369 (1960)

MUSKA, Respondent, v. ECONOMY BLOCK COMPANY, Appellant.

Supreme Court of Wisconsin.

February 2, 1960.


Attorney(s) appearing for the Case

For the appellant there were briefs by Shaw, Muskat & Paulsen and Adolph I. Mandelker and John H. Wessel, attorneys, and John G. Quale and Jack R. Wiedabach of counsel, all of Milwaukee, and oral argument by Mr. Quale and Mr. Wiedabach.

For the respondent there was a brief by Goldberg, Previant & Cooper of Milwaukee, and oral argument by Albert J. Goldberg.


DIETERICH, J.

The sole issue presented on this appeal is whether any of the credible evidence in this case will sustain the jury's finding of negligence on the part of the truck driver, employee of the Economy Block Company. No issue is raised as to the matter of damages.

On August 2, 1954, about 1:30 or 2 p. m., Herbert Muska suffered a back injury while engaged in lifting and pushing a concrete lintel from a delivery...

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