VALIGA v. NATIONAL FOOD CO.

Nos. 271-275.

58 Wis.2d 232 (1973)

206 N.W.2d 377

VALIGA and another BOECKER BRECKE, EDWARD, JR. BRECKE, EDWARD, SR. SMITH Plaintiffs and Respondents and Cross Appellants, v. NATIONAL FOOD COMPANY, Defendant and Appellant: LEWIS and others, Third-Party Defendants and Appellants.

Supreme Court of Wisconsin.

Decided April 20, 1973.


Attorney(s) appearing for the Case

For the appellant National Food Company and the appellants Lawrence Lewis, Mary Lewis, Findley J. Lewis and Lawrence Lewis, Jr., d/b/a Lewis Fur Farms, there was a consolidated brief by Fulton, Menn & Nehs, Ltd., of Appleton, on behalf of National Food Company; and Gwin & Fetzner of Hudson, on behalf of Lawrence Lewis, Mary Lewis, Findley J. Lewis and Lawrence Lewis, Jr., d/b/a Lewis Fur Farms; and oral argument by Glenn L. Sharratt of Appleton.

For the respondents to the principal appeal and as cross appellants on their motion to modify judgment (notice to review) there was a brief by Tinkham, Smith, Bliss & Patterson of Wausau and oral argument by Richard P. Tinkham.

For the defendant National Food Company on the issue of contribution as between it and Lewis Fur Farms, and as respondent to plaintiffs' cross appeal (to modify the judgment), there was a brief by Fulton, Menn & Nehs, Ltd., of Appleton.

For the defendants Lawrence Lewis, Mary Lewis, Findley J. Lewis and Lawrence Lewis, Jr., d/b/a Lewis Fur Farms, as respondents to plaintiffs' cross appeal to modify the judgment and on the issue of contribution as between them and National Food Company, there were briefs by Gwin & Fetzner, attorneys, and Helen H. Madsen and John W. Fetzner of counsel, all of Hudson.


CONNOR T. HANSEN, J.

We consider the several issues presented on this appeal to be:

1. Did the trial court err in answering the first question of the special verdict "Yes," thereby ruling as a matter of law that the coho was unfit as mink breeder food?

2. Was sufficient evidence presented at trial to sustain the jury's award for male and female breeder loss?

3. Did the trial court err in failing to give the "absent witness" instruction?

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