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PADILLA v. BYDALEK

No. 334.

56 Wis.2d 772 (1973)

203 N.W.2d 15

PADILLA, Respondent, v. BYDALEK, Appellant.

Supreme Court of Wisconsin.

Decided January 3, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by Foley & Capwell, S.C., of Racine and oral argument by Gilbert J. Berthelsen of Racine.

For the respondent there was a brief and oral argument by Theodore W. Harris of Racine.

CONNOR T. HANSEN, J.

The following issues are raised on this appeal:

1. Does plaintiff's complaint allege sufficient facts to constitute a cause of action in negligence?

2. Assuming that the complaint states a cause of action in negligence, should the trial court have sustained the defendant's demurrer on the grounds that, under the facts alleged, as a matter of public policy, the defendant should not be held liable?

Cause of action.

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