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THORNEWELL v. INDIANA LUMBERMENS MUT. INS. CO.

33 Wis.2d 344 (1967)

THORNEWELL and another, Appellants, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

January 3, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Larry W. Rader of Wausau.

For the respondent there was a brief by Smith, Puchner, Tinkham & Smith of Wausau, and oral argument by Richard P. Tinkham.

HALLOWS, J.

The plaintiffs' house is located in Wausau, Wisconsin, on a lot 120 feet wide which slopes to the south. Along the lot's south boundary and about 12 feet from the house there was a retaining wall. Between the house and the wall a driveway extended from the garage behind the house to the street. The house was built in 1956 and by 1965 the retaining wall had become tipped to the south and a five-inch crack extended down the center of the driveway which had...

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