JOHNSON v. CHEMICAL SUPPLY CO.


38 Wis.2d 194 (1968)

JOHNSON, Respondent, v. CHEMICAL SUPPLY COMPANY, Appellant. [Case No. 171.] DUDKA, Special Administrator, Respondent, v. CHEMICAL SUPPLY COMPANY, Appellant. [Case No. 172.]

Supreme Court of Wisconsin.

February 27, 1968.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Emmet McCarthy of Marinette.

For the respondents there was a brief by Kopish, Miron & Boyle and William P. Kopish, all of Marinette, and oral argument by William P. Kopish.


ROBERT W. HANSEN, J.

Was the defendant corporation causally negligent by reason of its failure to deliver toluol in containers completely painted a bright red color pursuant to sec. 168.11 (2), Stats?

At all times material to this case, sec. 168.11 (2), Stats., read as follows:

"(2) No person shall deliver, place, receive or store any gasoline (or a like product of petroleum which has a flash point of less than 110° F. when tested in the Tagliabue...

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