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UNIVERSITY DODGE, INC. v. DROTT TRACTOR CO.

No. 89.

55 Wis.2d 396 (1972)

198 N.W.2d 621

UNIVERSITY DODGE, INC., and another, Appellants, v. DROTT TRACTOR COMPANY, INC., Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Robert F. Kirst of Milwaukee.

For the respondent there was a brief by Cook & Franke, S. C., attorneys, and Robert E. Cook of counsel, all of Milwaukee, and oral argument by Robert E. Cook.

HANLEY, J.

Three issues are presented on this appeal:

(1) Are the findings of the trial court that respondent was not negligent supported by the record;

(2) Can the doctrine of res ipsa loquitur be applied to predicate liability on the part of the respondent; and

(3) Was the act of the unknown third person in starting the bulldozer in motion merely an intervening cause rather than a superseding cause?

Negligence.

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