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THIEL v. BAHR CONSTRUCTION CO.

13 Wis.2d 196 (1961)

THIEL, by Guardian ad litem, and another, Respondents, v. BAHR CONSTRUCTION COMPANY, Appellant.

Supreme Court of Wisconsin.

April 4, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Dudley O. Emmert of Manitowoc.

For the respondents there was a brief and oral argument by John C. Mayer and John E. Huberty, guardian ad litem, both of Manitowoc.

BROADFOOT, J.

The trial court denied the motion to strike for the reason that no authority was cited for the granting of the motion for the reasons stated therein. Attention was called to secs. 263.42, 263.43, and 263.44, Stats., with reference to when pleadings may be stricken. In any event, the same issue was raised by the demurrer.

It is true that the alleged violation of the safe-place statute, sec. 101.06, merely alleged another act of negligence on the...

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