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FINSLAND v. PHILLIPS PETROLEUM CO.

No. 304.

57 Wis.2d 267 (1973)

204 N.W.2d 1

FINSLAND and others, Appellants, v. PHILLIPS PETROLEUM COMPANY and another, Respondents.

Supreme Court of Wisconsin.

Decided February 8, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief by Borg, McGill & Moodie of Superior, and oral argument by Douglas S. Moodie.

For the respondents there was a brief by Davis, Witkin, Foley & Weiby of Superior, and oral argument by Harold Witkin.

ROBERT W. HANSEN, J.

This is not an action brought by an employee against his employer for benefits provided under the Workmen's Compensation Act. It is a third-party action alleging that an employer is liable for a negligent act committed by an employee while such employee was engaged in carrying on the work of the employer.

If this were a workmen's compensation case, the test would be whether at the time of injury...

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