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SCHMIDT v. CHAPMAN

26 Wis.2d 11 (1964)

SCHMIDT and another, Plaintiffs and Respondents, v. CHAPMAN and others, Defendants and Respondents: HERSH CONSTRUCTION & ENGINEERING COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

December 22, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs by Gibbs, Roper & Fifield, attorneys, and Richard S. Gibbs of counsel, all of Milwaukee, and oral argument by Richard S. Gibbs.

For the respondents Schmidt there was a brief by Lichtsinn, Dede, Anderson & Ryan of Milwaukee, and oral argument by Karl M. Anderson.

For the respondents Chapman there was a brief by Hersh & Magidson, attorneys, and Harry Lensky and Robert L. Hersh of counsel, all of Milwaukee.

For the respondent Saltzmann there was a brief by Woodrow J. Bach of Milwaukee.

WILKIE, J.

Four issues are presented on this appeal:

(1) Was the failure of plaintiffs to take such steps as were available to them to protect the building a cause of the building collapse as a matter of law?

(2) Is defendant general contractor liable to plaintiffs for damages resulting from its negligent trespass on the land of an intervening landowner whose property adjoined the property on which plaintiffs...

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