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MCGOWAN v. STORY

No. 20 (1974).

70 Wis.2d 189 (1975)

234 N. W. 2d 325

McGOWAN, Appellant, v. STORY and others, Respondent.

Supreme Court of Wisconsin.

Decided October 28, 1975.

Attorney(s) appearing for the Case

For the appellant there were briefs by Axley, Brynelson, Herrick & Gehl of Madison and Kaftan, Kaftan, Kaftan, Kuehne & Van Egeren, S. C. of Green Bay, and oral argument by J. Robert Kaftan.

For the respondents there was a brief by Robert D. Johns and Johns, Flaherty, Harman & Gillette, S. C., all of La Crosse, and oral argument by Robert D. Johns.

HEFFERNAN, J.

This negligence action for damages arose out of an accident that occurred in Monroe county on August 4, 1970. The plaintiff, Francis McGowan, was injured by an eruption of hot tar while he was in the process of transferring the hot-tar mix from the tanker truck owned by his employer, the Stang Transport Company, to a distributor vehicle owned by the D. L. Gasser Construction Company. The case was tried to a...

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