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KOZLOWSKI v. JOHN E. SMITH'S SONS CO.

No. 76-368.

87 Wis.2d 882 (1979)

275 N.W.2d 915

KOZLOWSKI, Plaintiff-Appellant, v. JOHN E. SMITH'S SONS COMPANY, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided February 27, 1979.

Attorney(s) appearing for the Case

For the appellant there were briefs by Peter W. Bunde, Ronald L. Wallenfang and Quarles & Brady of Milwaukee, and oral argument by Mr. Bunde and Mr. Wallenfang.

For the respondent there was a brief by Joseph D. McDevitt, Terry E. Johnson and Borgelt, Powell, Peterson & Frauen, S. C., of Milwaukee, and oral argument by Mr. McDevitt.

COFFEY, J.

On February 27, 1974 Andrew Kozlowski was killed in an industrial accident at his employer's plant, Patrick Cudahy, Inc., of Cudahy, Wisconsin. The wife of the decedent brought a product's liability action against John E. Smith's Sons Co. (hereinafter Smith's), the manufacturer of the sausage stuffing machine that Mr. Kozlowski was in the process of cleaning at the time of his death. Following the conclusion of the testimony in the jury trial, the court...

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