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GERVAIS v. KOSTIN

Nos. 181, 182.

48 Wis.2d 190 (1970)

179 N.W.2d 828

GERVAIS, Plaintiff and Respondent, v. KOSTIN and others, Defendants and Appellants: OLSEN, Third-Party Defendant and Respondent. OLSEN, Respondent, v. KOSTIN and others, Appellants.

Supreme Court of Wisconsin.

Decided October 6, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief by Heide, Sheldon, Hartley, Thom & Wilk and William A. Sheldon, all of Kenosha, and oral argument by William A. Sheldon.

For the respondent George G. Gervais there was a brief by Phillips, Richards & Mayew of Kenosha, and oral argument by Charles J. Richards.

HANLEY, J.

The issues presented on this appeal are:

(1) Was Gervais, not Olsen, the driver at the time of the accident;

(2) Did the trial court commit prejudicial error in restricting the use of the deposition of the respondent Olsen;

(3) Was the negligence of the respondent Olsen, as a matter of law, greater than the negligence of the appellant Kostin;

(4) Was the negligence of the respondent...

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