ARMOUR v. WISCONSIN GAS CO.

No. 40.

54 Wis.2d 302 (1972)

195 N.W.2d 620

ARMOUR, Plaintiff, v. WISCONSIN GAS COMPANY, Defendant and Third-Party Plaintiff and Respondent: CITY OF MILWAUKEE, Third-Party Defendant and Appellant: KREJCI and another, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided March 28, 1972.


Attorney(s) appearing for the Case

For the appellant there were briefs by John J. Fleming, city attorney, and William J. Lukacevich and Rudolph T. Randa, assistant city attorneys, and oral argument by Mr. Randa.

For the respondent there was a brief by Harrold J. McComas, Timothy R. Casgar, and Foley & Lardner, attorneys, and Clifford W. Muellner of counsel, all of Milwaukee, and oral argument by Mr. McComas.


BEILFUSS, J.

The appellant city raises three issues:

(1) Is the third-party complaint against the city for contribution barred by sec. 81.17, Stats.?

(2) Does the gas company have a cause of action against the city under the common law?

(3) Is the gas company required to file a claim pursuant to sec. 62.25 (1) (a), Stats., before it can commence an action for contribution against the city?

Preliminary to discussing the issues raised...

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