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HUCK v. CHICAGO, ST. P., M. & O. R. CO.

14 Wis.2d 445 (1961)

HUCK, Plaintiff and Appellant, v. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY, Defendant: DOUGHBOY INDUSTRIES, INC., Interpleaded Defendant and Respondent.

Supreme Court of Wisconsin.

October 31, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Doar & Knowles of New Richmond, and oral argument by W. T. Doar, Jr.

For the respondent there was a brief by Stafford, Pfiffner & Stafford of Chippewa Falls, and oral argument by Robert F. Pfiffner.

FAIRCHILD, J.

Sec. 102.29 (1), Stats., deals with the right of an injured employee entitled to workmen's compensation and the right of his employer or compensation insurer to make claim or maintain an action against a third party for the injury. Each may proceed, but must give the other notice and an opportunity to join. If notice be given, "the liability of the tort-feasor shall be determined as to all parties having a right to make claim, and irrespective of whether...

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