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KOBELINSKI v. MILWAUKEE & S. TRANSPORT CORP.

No. 280.

56 Wis.2d 504 (1972)

202 N.W.2d 415

KOBELINSKI, Plaintiff and Respondent, v. MILWAUKEE & SUBURBAN TRANSPORT CORPORATION, Defendant and Third-Party Plaintiff and Appellant: CITY OF MILWAUKEE, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided December 7, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kivett & Kasdorf, attorneys, and Nonald J. Lewis and Dennis C. Egan of counsel, all of Milwaukee, and oral argument by Mr. Lewis.

For the plaintiff-respondent there was a brief by Habush, Gillick, Habush, Davis & Murphy, attorneys, and James J. Murphy of counsel, all of Milwaukee, and oral argument by James J. Murphy.

For the defendant-respondent there was a brief by James B. Brennan, city attorney, and Rudolph T. Randa, assistant city attorney, and oral argument by Peter M. Stupar, assistant city attorney.

CONNOR T. HANSEN, J.

This appeal presents the following issues:

1. Was it error for the trial court, following the conclusion of testimony, to direct a verdict in favor of the third-party defendant, the city of Milwaukee, and dismiss the third-party complaint?

2. Did the trial court commit prejudicial error in failing to instruct the jury as to certain instructions requested by defendant?

3. Were the remarks of plaintiff's counsel during closing...

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