KULL v. SEARS, ROEBUCK & CO.

No. 148.

49 Wis.2d 1 (1970)

181 N.W.2d 393

KULL and husband, Plaintiffs and Respondents, v. SEARS, ROEBUCK & COMPANY, Defendant and Appellant: DARDIS, Defendant and Respondent: PORITZ and another, copartners, d/b/a PORITZ PLUMBING & HEATING, Impleaded Defendants.

Supreme Court of Wisconsin.

Decided December 1, 1970.


Attorney(s) appearing for the Case

For the appellant there were briefs by Wickham, Borgelt, Skogstad & Powell, attorneys, and Kurt H. Frauen and George N. Kotsonis of counsel, all of Milwaukee, and oral argument by Mr. Frauen.

For the respondents there was a brief and oral argument by Adrian P. Schoone and Joseph J. Muratore, both of Racine.


BEILFUSS, J.

The appellant's contentions raise four issues:

1. Was Sears entitled to a directed verdict as a matter of law in that it had no duty to maintain or repair the border area beyond its lot lines?

2. Did the trial court err in instructing the jury not to consider the ownership of the area in answering the special verdict?

3. Did the trial court err in refusing to include a question concerning...

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