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SCHOENAUER v. WENDINGER

No. 152.

49 Wis.2d 415 (1971)

182 N.W.2d 441

SCHOENAUER, Appellant, v. WENDINGER and another, Respondents.

Supreme Court of Wisconsin.

Decided January 8, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Giffin, Simarski, Goodrich & Brennan, attorneys, and Edward J. Sitnarski and Charles W. Collins of counsel, all of Milwaukee, and oral argument by Edward J. Simarski.

For the respondents there was a brief by Kivett & Kasdorf, attorneys, and Nonald J. Lewis of counsel, all of Milwaukee, and oral argument by Mr. Lewis.

WILKIE, J.

This appeal raises two questions on the liability phase of this controversy (the damage aspects of the case are not involved on this appeal):

1. Did the trial court err in admitting the deposition testimony of Stanley Brodnicki?

2. Did the trial court err in the instructions given to the jury on the issue of right-of-way?

No proper foundation laid for receipt of deposition.

On October 2, 1967, defendant took the...

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