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SKYBROCK v. CONCRETE CONSTRUCTION CO.

No. 209.

42 Wis.2d 480 (1969)

167 N.W.2d 209

SKYBROCK, Respondent, v. CONCRETE CONSTRUCTION COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Prosser, Zimmermann, Wiedabach, Koppa & Lane of Milwaukee, and oral argument by James W. Lane.

For the respondent there was a brief by Frederick Hersh and John D. Finerty, and oral argument by Mr. Hersh and Mr. Russell R. Stepke, all of Milwaukee.

CONNOR T. HANSEN, J.

The decision in this case is determined by the extent of the duty of the defendant to the plaintiff, and whether the plaintiff established that the defendant had acquiesced in permitting residents of the area to cross Lincoln avenue at the place of the accident.

The construction work being done on Lincoln avenue was open and notorious and the plaintiff had an alternate route via paved sidewalks.

There is no question that plaintiff...

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