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UTICA MUT. INS. CO. v. RIPON COOPERATIVE

Nos. 16, 17.

50 Wis.2d 431 (1971)

184 N.W.2d 65

UTICA MUTUAL INSURANCE COMPANY, Respondent, v. RIPON COOPERATIVE and another, Appellants. KALLIN and wife, Respondents, v. RIPON COOPERATIVE and another, Appellants.

Supreme Court of Wisconsin.

Decided March 5, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Joseph D. Donohue of Fond du Lac.

For the respondents there was a brief by Thomas E. Hughes of Oshkosh, and by Hayes & Ritchay of Ripon, and oral argument by Mr. Hughes and Mr. William F. Hayes.

HANLEY, J.

Two issues are raised on this appeal:

(1) Did the trial court err in giving the res ipsa loquitur instruction; and

(2) Does the evidence support the apportionment of negligence?

The res ipsa loquitur instruction.

The res ipsa loquitur instruction given by the trial court reads as follows:

"... In addition thereto if you find that the defendant or its employees had exclusive control of the bulk...

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