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FITZGERALD v. BADGER STATE MUT. CAS. CO.

No. 441.

67 Wis.2d 321 (1975)

227 N. W. 2d 444

FITZGERALD, Plaintiff and Respondent, v. BADGER STATE MUTUAL CASUALTY COMPANY and others, Defendants and Respondents: DRUML COMPANY, INC., Defendant and Appellant: CHICAGO & NORTH WESTERN RAILWAY COMPANY, Defendant.

Supreme Court of Wisconsin.

Decided March 28, 1975.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hayes & Hayes of Milwaukee, and oral argument by Tom E. Hayes.

For the defendants-respondents there was a brief and oral argument by Alan Shafrin of Milwaukee.

For the plaintiff-respondent there was a brief by Peregrine, Marcuvitz, Cameron, Peltin, Hersh & Lensky, S. C. of Milwaukee, and oral argument by Howard B. Schoenfeld and Alan Marcuvitz, both of Milwaukee.

WILKIE, C. J.

Two issues are raised in this lawsuit for damages to a guest, the plaintiff-respondent here, growing out of an automobile accident on December 26, 1969, when the car she was riding in, driven by defendant-respondent Virgil C. Csida, and insured by the defendant-respondent, Badger State Mutual Casualty Company, collided with a temporary railroad trestle (being used by the defendant, Chicago & North Western Railway Company) at a highway construction...

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