NASHBAN BARREL & C. CO. v. PARSONS TRUCKING CO.

No. 15.

49 Wis.2d 591 (1971)

182 N.W.2d 448

NASHBAN BARREL & CONTAINER COMPANY, Respondent, v. G. G. PARSONS TRUCKING COMPANY and another, Appellants.

Supreme Court of Wisconsin.

Decided January 8, 1971.


Attorney(s) appearing for the Case

For the appellants there was a brief by Kivett & Kasdorf, attorneys, and Keith I. Johnston of counsel, all of Milwaukee, and oral argument by Mr. Johnston.

For the respondent there was a brief by Usow, Teper & Weiss of Milwaukee, and oral argument by Herbert L. Usow.


WILKIE, J.

Three issues are raised on this appeal involving the trial court's failure to give certain instructions requested by the appellants at the time of trial:

1. Did the trial court err in failing to instruct that if respondent's vehicle was not susceptible of repair, no damages for loss of use of the vehicle were to be allowed?

2. Did the trial court err in failing to instruct that if it found that both the rules of repair cost and diminished...

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