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ALLSTATE INS. v. METROPOLITAN SEWERAGE COMM.

No. 75-426.

80 Wis.2d 10 (1977)

258 N.W.2d 148

ALLSTATE INSURANCE COMPANY, and another, Plaintiffs-Respondents, v. METROPOLITAN SEWERAGE COMMISSION OF COUNTY OF MILWAUKEE, and others, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided October 4, 1977.

Attorney(s) appearing for the Case

For the appellants there were joint briefs by Ewald L. Moerke, Jr., Robert Arthur Melin and Schroeder, Gedlen, Reister & Moerke for Metropolitan Sewerage Commission of the County of Milwaukee and The Sewerage District of the County of Milwaukee; and James B. Brennan, city attorney, and Patrick B. McDonnell, assistant city attorney, for Sewerage Commission of the City of Milwaukee, with oral argument by Robert Arthur Melin and Patrick B. McDonnell, all of Milwaukee.

For the respondents there was a brief by Brian J. Henderson and Riordan, Crivello, Sullivan & Carlson, with oral argument by Brian J. Henderson, all of Milwaukee.

BEILFUSS, C. J.

The automobile accident giving rise to this action took place on December 23, 1969, on West Brown Deer Road in the Village of River Hills, Milwaukee county, Wisconsin.

A truck owned by Behling Excavating Company was discharging effluent into a manhole in the traveled portion of the street. The manhole is a part of the sewage system maintained and operated by the defendant Sewerage Commission of the City of Milwaukee (City Commission). The Behling...

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