D'ANGELO v. CORNELL PAPERBOARD PRODUCTS CO.


19 Wis.2d 390 (1963)

D'ANGELO, Plaintiff, v. CORNELL PAPERBOARD PRODUCTS COMPANY, Defendant: EMPLOYERS MUTUALS LIABILITY INSURANCE COMPANY, Intervenor and Respondent: INDEMNITY INSURANCE COMPANY OF NORTH: AMERICA, Impleaded Defendant and Appellant.

Supreme Court of Wisconsin.

March 5, 1963.


Attorney(s) appearing for the Case

For the appellant there were briefs by Kivett & Kasdorf, attorneys, and Alan M. Clack of counsel, and oral argument by Fred D. Huber, Jr., all of Milwaukee.

For the respondent there was a brief by Burlingame, Gibbs & Roper and Moore & Moore, all of Milwaukee, and oral argument by Gary E. Moore and Richard S. Gibbs.


WILKIE, J.

The sole issue on this appeal is whether the amended complaint and cross complaint states any cause of action by Employers against Indemnity. The well-established rule, of course, is to construe the complaint liberally in testing whether the demurrer should be sustained.1

The pertinent portions of the amended complaint and cross complaint here are as follows:

"5. James D'Angelo, while in the scope of his work...

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