NETZEL v. STATE SAND & GRAVEL CO.

No. 33.

51 Wis.2d 1 (1971)

186 N.W.2d 258

NETZEL, Respondent, v. STATE SAND & GRAVEL COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided May 4, 1971.


Attorney(s) appearing for the Case

For the appellant there was a brief by Gibbs, Roper & Fifield, attorneys, and Samuel Goldenberg of counsel, and oral argument by Mr. Goldenberg and Mr. John R. Hoaglund, all of Milwaukee.

For the respondent there was a brief by Clifford K. Meldman and Meldman & Kahn, all of Milwaukee, and oral argument by Clifford K. Meldman.


ROBERT W. HANSEN, J.

This appeal asks two questions: Does this record justify the jury verdict finding the appellant negligent at all? Does it support a jury verdict finding the respondent entirely free from negligence? This court answers the first question in the affirmative, the second in the negative.

On the issue of the negligence of the cement-furnishing company, this case was tried and submitted to the jury under the doctrine of strict liability. The...

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