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FOELLMI v. SMITH

15 Wis.2d 274 (1961)

FOELLMI and another, Appellants, v. SMITH and another, Respondents.

Supreme Court of Wisconsin.

December 29, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by James C. McKenzie of La Crosse.

For the respondents there was a brief by Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and oral argument by William P. Skemp.

CURRIE, J.

These three issues are raised on this appeal:

(1) On the record before us is it established as a matter of law that there was no causal negligence on the part of Smith?

(2) Is Milwaukee Auto estopped by the conduct of its adjuster from raising the defense of plaintiffs' failure to comply with the two-year notice-of-injury requirement of sec. 330.19 (5), Stats. 1953?

(3) What effect does Milwaukee Auto's default under sec. 327.22...

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