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LEIBL v. ST. MARY'S HOSPITAL OF MILWAUKEE

No. 156.

57 Wis.2d 227 (1973)

203 N.W.2d 715

LEIBL, by Melvin W. Stehr, Executor of the Estate of Joseph Leibl, and another, Respondent, v. ST. MARY'S HOSPITAL OF MILWAUKEE and others, Appellants.

Supreme Court of Wisconsin.

Decided January 30, 1973.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Merten, Connell & Sisolak of Milwaukee.

For the respondents the cause was submitted on the brief of Habush, Gillick, Habush, Davis & Murphy of Milwaukee.

Submitted under sec. (Rule) 251.54 January 5, 1973.

CONNOR T. HANSEN, J.

On this appeal, the defendants raise a considerable number of issues. We have given each of them consideration. However, viewing the conflicting evidence most favorable to the plaintiffs, as we must on this appeal, we cannot hold that Leibl's negligence as a matter of law is equal to, or exceeds, that of the defendants.1

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