ASPENLEITER v. WILLIAM BEAUDOIN & SONS, INC.

No. 57.

64 Wis.2d 390 (1974)

219 N.W.2d 310

ASPENLEITER, Appellant, v. WILLIAM BEAUDOIN & SONS, INC., Respondent: GAYNOR and another, Impleaded Defendants.

Supreme Court of Wisconsin.

Decided June 28, 1974.


Attorney(s) appearing for the Case

For the appellant there were briefs by Eisenberg & Kletzke, of Milwaukee, and oral argument by Jerome F. Pogodzinski, of Milwaukee.

For the respondent there was a brief by Simarski, Goodrich, Brennan & Stack, attorneys, and Charles W. Collins of counsel, all of Milwaukee, and oral argument by Mr. Collins.


HANLEY, J.

The issue presented on this appeal is whether or not a nonparty defendant can invoke a prior jury determination of damages sustained as res judicata as to that issue in a subsequent action. However, a preliminary question arises as to whether the order of the circuit court was appealable.

While the issue of appealability was not raised by the parties herein, such must be raised by this court on its own motion and, if said order is determined to...

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