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WELLS v. NATIONAL INDEMNITY CO.

No. 142.

41 Wis.2d 1 (1968)

162 N.W.2d 562

WELLS, Plaintiff and Appellant, v. NATIONAL INDEMNITY COMPANY and another, Defendants and Third Party Plaintiffs and Respondents: BAUER and another, Third Party Defendants and Appellants.

Supreme Court of Wisconsin.

Decided December 3, 1968.

Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief by J. Richard Long and Blakely, Long, Grutzner & Jaeckle, all of Beloit, and oral argument by J. Richard Long.

For the third party defendants-appellants there was a brief by Berg & Gage of Janesville, and oral argument by Louis D. Gage.

For the defendants and third party plaintiffs-respondents there was a brief by Hansen, Eggers, Berres & Kelley, and by Frank X. Kinast, all of Beloit, and oral argument by Mr. Larry J. Eggers and Mr. Kinast.

HALLOWS, C. J.

Two questions are raised on this appeal: (1) Does a defendant who has impleaded a third-party defendant for contribution have a right to make a rebuttal argument after the plaintiff has made his rebuttal; and (2) did the court err in finding the damage award excessive on the ground there was no evidence of loss of earning capacity.

The facts of the accident are not complicated or crucial to the points raised. There were two theories of how the...

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