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AETNA CAS. & SUR. CO. v. OSBORNE-MCM. E. CO.

35 Wis.2d 517 (1967)

AETNA CASUALTY & SURETY COMPANY and others, Appellants, v. OSBORNE-MCMILLAN ELEVATOR COMPANY, Respondent.

Supreme Court of Wisconsin.

June 9, 1967.

Attorney(s) appearing for the Case

For the appellants there were briefs by Francis J. Wilcox and Wilcox & Wilcox, all of Eau Claire, and by Donald N. Clausen and Clausen, Hirsh, Miller & Gorman, all of Chicago, Illinois, and by R. E. Anderson and Hughes, Anderson, Davis & Witkin, all of Superior, and oral argument by Francis J. Wilcox.

For the respondent there was a brief by Robert H. Gee and Powell, Gee & Powell, all of Superior, and by Peter Dorsey, William A. Whitlock, and Dorsey, Owen, Marquart, Windhorst & West, all of Minneapolis, Minnesota, and oral argument by Robert H. Gee and Peter Dorsey.

HALLOWS, J.

This case is making its second visit to this court. It involves the question whether a steel storage tank containing grain exploded within the meaning of the term "explosion" in an insurance policy. In the first trial the jury found there was an explosion but on appeal we reversed and granted a new trial because of error in instructing the jury on the question of what constitutes an explosion. Aetna Casualty...

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