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SKORNIA v. HIGHWAY PAVERS, INC.

34 Wis.2d 160 (1967)

SKORNIA, Plaintiff and Respondent, v. HIGHWAY PAVERS, INC., Defendant and Appellant: AXT, Defendant and Respondent.

Supreme Court of Wisconsin.

February 28, 1967.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Prosser, Zimmermann & Wiedabach of Milwaukee, and oral argument by Frederick H. Prosser.

For the plaintiff-respondent there was a brief and oral argument by Sidney Spector of Milwaukee.

For the defendant-respondent there was a brief by Niebler & Herro of Milwaukee, attorneys, and Chester J. Niebler of counsel, and oral argument by Chester J. Niebler.

HALLOWS, J.

Since we decide the trial court was in error in not allowing Highway Pavers to call the witnesses adversely under sec. 885.14, Stats., and this case must be sent back for that purpose, we do not reach or intimate any opinion upon the merits of the determination of the status of Axt at the time of the accident for the purpose of applying the doctrine of respondeat superior.

We think the compensation carrier who paid compensation benefits...

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