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McCROSSEN v. NEKOOSA EDWARDS PAPER CO.

No. 411.

59 Wis.2d 245 (1973)

208 N.W.2d 148

MCCROSSEN and wife, Appellants, v. NEKOOSA EDWARDS PAPER COMPANY, INC., Respondent.

Supreme Court of Wisconsin.

Decided June 18, 1973.

Attorney(s) appearing for the Case

For the appellant John McCrossen there were briefs by Potter, Wefel & Nettesheim of Wisconsin Rapids, and oral argument by John M. Potter.

For the respondent there was a brief by Chambers, Nash, Pierce & Podvin of Wisconsin Rapids, and oral argument by Lloyd L. Chambers.

HEFFERNAN, J.

The pleadings in this case put in issue the question of whether McCrossen was exposed to poisonous gas at all. There was substantial evidence, as the result of testimony of Nekoosa Edwards employees, to the effect that they knew of no gas leaks in the bleach plant on the days in question. On the other hand, there was positive testimony by McCrossen and his co-employee, Eastlund, that gas was present on the fifth floor of the bleach plant on both January...

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