WEST BEND MUT. INS. CO. v. CHRISTENSEN

Nos. 328-332.

58 Wis.2d 395 (1973)

206 N.W.2d 202

WEST BEND MUTUAL INSURANCE COMPANY and others, Plaintiffs and Respondents, v. CHRISTENSEN and others, Defendants and Respondents: RETSON (George) and another, Third-Party Defendants and Appellants: RETSON (Chris) and others, Third-Party Defendants. FUSFELD, d/b/a Rose Shop, and others, Plaintiffs and Respondents, v. NORTHWEST SUPPLY COMPANY, INC., and others, Defendants and Respondents: RETSON (George) and another, Defendants and Appellants. AMERICAN EMPLOYERS INSURANCE COMPANY, Plaintiff and Respondent, v. NORTHWEST SUPPLY COMPANY, INC., and others, Defendants and Respondents: RESON (George) and another, Defendants and Appellants: RETSON (Chris) and others, Third-Party Defendants. RETSON (George) and another, Plaintiffs and Appellants: RETSON (Chris) and others, Plaintiffs, v. NORTHWEST SUPPLY COMPANY, INC., and others, Defendants and Respondents. RELIANCE INSURANCE COMPANY and others, Plaintiffs and Respondents, v. CHRISTENSEN and others, Defendants and Respondents: RETSON (George) and another, Appellants.

Supreme Court of Wisconsin.

Decided April 20, 1973.


Attorney(s) appearing for the Case

For appellants George Retson and Phillip Retson there was a brief by Herrling, Clark & Hartzheim of Appleton, and oral argument by Don Herrling.

For the plaintiffs-respondents there was a brief by Stanley S. Chmiel and Byrne, Bubolz & Spanagel, all of Appleton, for West Bend Mutual Insurance Company; Bradford & Gabert and Jerome H. Block, all of Appleton, for Lewis Fusfeld, d/b/a Rose Shop; Adams, Cooke, Loehning, Woodrow & Mack of Neenah, for American Employers Insurance Company; and oral argument by Stanley R. Gabert.

For the defendants-respondents there was a brief by Hoefel & Coughlin of Appleton, for Wisconsin-Michigan Power Company; and Welsh, Trowbridge, Planert & Schaeffer of Green Bay, for Northwest Supply Company, Inc.; and oral argument by Harry P. Hoeffel for defendant-respondent Wisconsin-Michigan Power Company.


HALLOWS, C. J.

The issues on this appeal concern the instructions given to the jury and the sufficiency of the evidence in support of the apportionment of negligence. At the trial, the Retsons submitted written requested instructions, which were refused by the trial court. This procedure is sufficient and proper as a basis for their claim without additional objection that the instructions given in place thereof by the trial court were erroneous. See: Boller v....

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