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KOENIG v. MILWAUKEE BLOOD CENTER, INC.

23 Wis.2d 324 (1964)

KOENIG, Appellant, v. MILWAUKEE BLOOD CENTER, INC., and another, Respondents.

Supreme Court of Wisconsin.

March 31, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Alfred J. Sapiro and Kersten & McKinnon, attorneys, and George P. Kersten of counsel, all of Milwaukee, and oral argument by George P. Kersten.

For the respondent Milwaukee Blood Center, Inc., there was a brief by Foley, Sammond & Lardner and James P. Brody and John R. Collins, all of Milwaukee, and oral argument by Mr. Collins.

For the respondent Memorial Hospital there was a brief by Wake, Prosser, Zimmermann & Quale, and oral argument by J. R. Wiedebach, all of Milwaukee.

BEILFUSS, J.

Issues.

1. Does furnishing of blood for a transfusion by a hospital constitute a sale so as to give rise to an action for breach of warranty?

2. Do the pleadings or affidavits in opposition to motion for summary judgment set forth facts sufficient to warrant a trial on a cause of action for negligence arising prior to the abrogation of the doctrine of charitable immunity?

3. Do the provisions of the insurance policies...

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