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WIRSING v. KRZEMINSKI

No. 264.

61 Wis.2d 513 (1973)

213 N.W.2d 37

WIRSING, Appellant, v. KRZEMINSKI, Respondent.

Supreme Court of Wisconsin.

Decided December 21, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by Arthur DeBardeleben of Park Falls, attorney, and Joseph M. Recka of Green Bay, of counsel, and oral argument by Mr. DeBardeleben.

For the respondent there was a brief and oral argument by Donald G. Olson of Phillips.

On Motion for Rehearing:

A brief was filed by Arthur DeBardeleben, attorney, and Daniel F. Snyder, of counsel, both of Park Falls, for the appellant.

A brief was filed by Donald G. Olson of Phillips, for the respondent.

HEFFERNAN, J.

The principal argument of the plaintiff on this appeal is that the trial judge erred as a matter of law in the framing of the first question of the special verdict in regard to the use of force. The plaintiff submitted a special verdict question which was refused by the trial court. The question proposed by the plaintiff was:

"In striking the plaintiff, Roman J. Wirsing, with the blackjack, in the manner shown by the evidence, did the defendant...

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