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TOPP v. CONTINENTAL INS. CO.

No. 76-018.

83 Wis.2d 780 (1978)

266 N.W.2d 397

TOPP, and wife, Appellants, v. CONTINENTAL INSURANCE COMPANY, and others, Defendants: AMERICAN STATES INSURANCE COMPANY, and another, Respondents: HUNT, d/b/a Hunt Construction Company, and another, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided June 6, 1978.

Attorney(s) appearing for the Case

For the appellants there were briefs by Daniel G. Sandell, and Johnson, Bieber & Swingen of Madison, and oral argument by Mr. Sandell.

For the respondents there was a brief by Bruce K. Kaufmann, and Jenswold, Studt, Hanson, Clark & Kaufmann of Madison, and oral argument by Bruce K. Kaufmann.

ABRAHAMSON, J.

At approximately 9:00 p.m. on January 11, 1973, Robert Topp got out of a taxicab on West Badger Road in front of Mr. V's tavern-restaurant. As Topp walked across the gravel shoulder of Badger Road to the blacktop parking lot in front of Mr. V's, he apparently tripped or slipped on a ridge created by the height disparity between the edge of the blacktop parking lot and the abutting gravel strip. Topp fell to the ground, fracturing his arm.

Topp...

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