FISHER v. GIBB


25 Wis.2d 600 (1964)

FISHER, Plaintiff and Appellant, v. GIBB and others, Defendants: BOTHUM and others, Defendants and Respondents.

Supreme Court of Wisconsin.

November 24, 1964.


Attorney(s) appearing for the Case

For the appellant there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Clayton R. Hahn and Donald R. Peterson of counsel, all of Milwaukee, and oral argument by Mr. Hahn and Mr. Peterson.

For the respondents Robert E. Bothum and Allstate Insurance Company there was a brief by Kivett & Kasdorf, attorneys, and A. W. Kivett of counsel, all of Milwaukee, and oral argument by A. W. Kivett.

For the respondent International Harvester Company there was a brief by Prosser, Zimmermann & Wiedabach of Milwaukee, and oral argument by Frederick H. Prosser.


FAIRCHILD, J.

Plaintiff concedes that the record contains credible evidence to sustain the finding that Bothum was not negligent. On this appeal she makes only three claims: (1) It was error to refuse to allow plaintiff to read into evidence a portion of Bothum's testimony upon adverse examination before trial; (2) Bothum was, as a matter of law, the agent of International Harvester; (3) it was error to exclude certain evidence on the agency question. As we are of...

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