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MILWAUKEE MUTUAL INSURANCE COMPANY v. O'BRIEN & BRAUER CONSTRUCTION, INC.

No. 144.

57 Wis.2d 751 (1973)

MILWAUKEE MUTUAL INSURANCE COMPANY, Appellant, v. O'BRIEN & BRAUER CONSTRUCTION, INC., Respondent.

Supreme Court of Wisconsin.

Decided January 30, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Charles Saggio of Milwaukee.

For the respondent the cause was submitted on the brief of Ames, Riordan, Crivello & Sullivan, attorneys, and Donald H. Carlson of counsel, all of Milwaukee.

PER CURIAM.

The trial court granted defendant's motion to dismiss on the merits at the close of plaintiff's case on liability.

The plaintiff challenges two rulings by the trial court. The first was the refusal to admit documents offered without a proper foundation. The second was the refusal to allow plaintiff's counsel to impeach his own witness without a showing of surprise at the witness' testimony. Both rulings were correct.

Plaintiff claims the...

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