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KLINZING v. HUCK

No. 30.

45 Wis.2d 458 (1970)

173 N.W.2d 159

KLINZING, Administrator of the Estate of Lawrence J. Hammang, Appellant, v. HUCK and another, Respondents.

Supreme Court of Wisconsin.

Decided January 9, 1970.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Edward D. Cleveland and Michael T. Hart of counsel, all of Milwaukee, and oral argument by Mr. Hart.

For the respondents there was a brief by John P. McGalloway, Sr., attorney, and William D. McGalloway of counsel, both of Fond du Lac, and oral argument by John P. McGalloway, Sr.

WILKIE, J.

The first issue raised on this appeal is whether the trial court erred in refusing to give an instruction based on the presumption of due care given to the deceased Hammang, or put another way, the issue is whether there is credible evidence of Hammang's negligence so as to remove that presumption from this case.

The appellant here, as in Moose v. Milwaukee Mut. Ins. Co.,1 argues that an instruction of due care...

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