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LUPIE v. HARTZHEIM

No. 30.

54 Wis.2d 415 (1972)

195 N.W.2d 461

LUPIE and wife, Appellants, v. HARTZHEIM and another, Respondents.

Supreme Court of Wisconsin.

Decided March 28, 1972.

Attorney(s) appearing for the Case

For the appellants there was a brief by Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and oral argument by William P. Skemp.

For the respondents there was a brief by Johns, Flaherty, Harman & Gillette and Robert D. Johns, Jr., all of La Crosse, and oral argument by Robert D. Johns, Jr.

HEFFERNAN, J.

The comparative-negligence law at the time of the accident provided:

"895.045 Contributory negligence; when bars recovery. Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed...

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