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SAMPSON v. LASKIN

Nos. 303, 304.

66 Wis.2d 318 (1975)

224 N.W.2d 594

SAMPSON, Plaintiff and Respondent, v. LASKIN and another, d/b/a MILWAUKEE TERMINAL BUILDING, Defendants and Third-Party Plaintiffs and Appellants: LIBERTY MUTUAL INSURANCE COMPANY, Third-Party Defendant and Respondent. BYDYNKOWSKI, Administrator of the Estate of John R. Bydynkowski, Deceased, Plaintiff and Respondent, v. LASKIN and another, d/b/a MILWAUKEE TERMINAL BUILDING, Defendants and Third-Party Plaintiffs and Appellants: LIBERTY MUTUAL INSURANCE COMPANY, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided January 7, 1975.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kluwin, Dunphy, Hankin & McNulty of Milwaukee, and oral argument by Bernard J. Hankin.

For the respondent there was a brief by Demet & Demet of Milwaukee, and oral argument by Francis J. Demet.

For the third-party defendant-respondent there was a brief by Kasdorf, Henderson, Dall, Lewis & Swietlik, attorneys, and Harold A. Dall and Russell M. Ware, of counsel, all of Milwaukee, and oral argument by Mr. Ware.

ROBERT W. HANSEN, J.

As to the defendants, the jury found them negligent with respect to maintaining the elevator in question, and found such negligence to be a cause of the death and injuries involved. As to plaintiff, John Bydynkowski, the jury found him negligent with respect to his own safety, but found such negligence not to be a cause of his death. As to plaintiff, Miner Sampson, the jury found him negligent with respect to his own safety, but found such negligence...

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