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WICKER v. HADLER

Nos. 344, 345.

58 Wis.2d 173 (1973)

205 N.W.2d 770

WICKER, Respondent, v. HADLER and another, Appellants. HOCHMUTH, Respondent, v. HADLER and another, Appellants.

Supreme Court of Wisconsin.

Decided April 9, 1973.

Attorney(s) appearing for the Case

For the appellants there were briefs by Cannon, McLaughlin, Herbon & Staudenmaier, attorneys, and L. William Staudenmaier of counsel, all of Milwaukee, and oral argument by L. William Staudenmaier.

For respondent Dyanne M. Wicker there was a brief by Brady, Tyrrell, Cotter & Cutler, attorneys, and Peter W. Bunde and Peter C. Karegeannes of counsel, all of Milwaukee, and oral argument by Mr. Bunde.

For respondent Walter Hochmuth there was a brief and oral argument by Burton B. Polansky of Milwaukee.

ROBERT W. HANSEN, J.

In prizefight parlance, this was a quick knockdown. The scuffle between the two plaintiffs lasted no more than thirty to sixty seconds. There is a question as to responsibility for the scuffle. There is no question that it ended with one participant on his back on the pavement, the other kneeling or crouched over him.

The additional fact, not in dispute, is that this fight or scuffle took place in a traffic lane, not at a crosswalk, of...

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