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DICKENS v. KENSMOE

No. 176.

61 Wis.2d 211 (1973)

212 N.W.2d 484

DICKENS, Plaintiff and Respondent, v. KENSMOE and another, Defendants and Third-Party Plaintiffs and Respondents: EAU CLAIRE COUNTY, Third-Party Defendant and Appellant.

Supreme Court of Wisconsin.

Decided November 27, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by H. R. Klueter of Wausau.

For the respondents there was a brief by Garvey, O'Brien & Anderson of Eau Claire, and oral argument by Richard J. Kelly of Eau Claire.

HALLOWS, C. J.

The question is whether Kensmoe is entitled to contribution against Eau Claire county if he pays 100 percent of the judgment. Eau Claire county claims it is only secondarily liable and therefore is not liable for contribution. It bases its contention upon sec. 81.17, Stats.,1 and it is the construction of this statute that is determinative of this case.

The facts are not in dispute. During the week of June 16, 1969...

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