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MASTERCRAFT PAPER v. CONSOLIDATED FREIGHTWAYS

No. 140.

55 Wis.2d 674 (1972)

200 N.W.2d 596

MASTERCRAFT PAPER PRODUCTS, INC., Respondent, v. CONSOLIDATED FREIGHTWAYS, Appellant: TUCSON WAREHOUSE & TRANSFER, INC., Third-Party Defendant.

Supreme Court of Wisconsin.

Decided October 3, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Hughes & Harrand and oral argument by Thomas E. Hughes, all of Oshkosh.

For the respondent there was a brief by Jerome H. Block of Appleton, attorney, and F. David Krizenesky of Menasha, of counsel, and oral argument by Mr. Krizenesky.

HANLEY, J.

There are five issues presented on this appeal:

(1) Did the trial court properly instruct the jury relating to Consolidated's duty as a carrier;

(2) Was it error for the court not to have submitted an instruction relating to the United States Uniform Bill of Lading Act, regarding "shippers load and count;"

(3) Was it error for the trial court to submit an instruction on res ipsa loquitur; and, if not, was the instruction improperly...

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