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LEMBERGER v. KOEHRING CO.

No. 207.

63 Wis.2d 210 (1974)

216 N.W.2d 542

LEMBERGER, Appellant, v. KOEHRING COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided April 12, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kersten & McKinnon of Milwaukee, attorneys, and Charles D. Clausen and George P. Kersten of Milwaukee, and Dudley O. Emmert of Manitowoc, of counsel, and oral argument by George P. Kersten.

For the respondent there was a brief by Frisch, Dudek, Slattery & Denny, attorneys, and Robert A. Slattery and Thomas J. Arenz of counsel, all of Milwaukee, and oral argument by Robert A. Slattery.

HEFFERNAN, J.

The defendant Koehring, in urging that the judgment be sustained, argues that there is no evidence that the wear block struck Lemberger. It is true that no one could testify that they saw the 16 pound piece of maple actually strike him. However, the evidence is sufficient to show that Lemberger was struck by this piece of wood. The construction foreman stated that, immediately after Lemberger's injury, the wear block was lying nearby and there was nothing...

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