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CIRILLO v. MILWAUKEE

34 Wis.2d 705 (1967)

CIRILLO by Guardian ad litem, and another, Appellants, v. CITY OF MILWAUKEE and others, Respondents.

Supreme Court of Wisconsin.

May 9, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by Atinsky, Kahn & Sicula of Milwaukee, and oral argument by Philip L. Atinsky and Paul E. Sicula.

For the respondents there was a brief by Grootemaat, Cook Franke, attorneys, and Harry F. Franke and David J. Hase of counsel, all of Milwaukee, and oral argument by Mr. Hase.

WILKIE, J.

Three issues are raised on this appeal:

(1) Was the trial court correct in finding as a matter of law that defendant Paul Sherry breached no duty to Donald Cirillo?

(2) Was the trial court correct in holding, even if there was a jury question of Paul Sherry's negligence, the negligence of Donald Cirillo was, as a matter of law, at least 50 percent of the total negligence?

(3) Was the trial court correct in concluding that as a matter...

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