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SCALZO v. MARSH

13 Wis.2d 126 (1961)

SCALZO, Appellant, v. MARSH, d/b/a SPOONER ELECTRIC SERVICE, and another, Respondents.

Supreme Court of Wisconsin.

March 7, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Douglas, Omernik & Bitney of Spooner, and oral argument by E. E. Omernik.

For the respondent Don Marsh there was a brief by Cameron, Cameron & Shervey of Rice Lake, and oral argument by William A. Cameron.

For the respondent Skelly Oil Company there was a brief by Hughes, Anderson & Davis of Superior, and Sam C. Oliver of Tulsa, Oklahoma, and oral argument by J. L. Davis and by Harold Witkin of Superior.

CURRIE, J.

The issues on this appeal are:

(1) Should either or both of the jury's answers of "No" to the first two questions of the special verdict have been changed to "Yes" by the trial court?

(2) Did the trial court commit prejudicial error in instructing the jury?

(3) Should a new trial be granted in order to have determined the issue of whether "continued servicing" of the gas system constituted...

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