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KAGEL v. BRUGGER

19 Wis.2d 1 (1963)

KAGEL, by Guardian ad litem, Plaintiff and Respondent, v. BRUGGER and others, Defendants: NEAD, Defendant and Appellant.

Supreme Court of Wisconsin.

February 5, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by John A. Kluwin.

For the respondent there was a brief by Nathaniel D. Rothstein and Jack E. Keyes, and oral argument by David I. Rothstein, all of Milwaukee.

HALLOWS, J.

This is a case of first impression and presents the novel question whether a private citizen whose vehicle has been commandeered by a police officer and who has been directed to park his vehicle across a public highway can be held negligent in creating a roadblock or in failing to have his vehicle adequately lighted for such use. The trial court held and the plaintiff contends the complaint alleges ultimate facts...

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