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REITER v. DYKEN

No. 77-398.

95 Wis.2d 461 (1980)

290 N.W.2d 510

Marian D. REITER and Harold Reiter, Plaintiffs-Respondents, v. Paul DYKEN and Linda Dyken, Defendants-Appellants and Third-Party Plaintiffs, Ogden and Company, Inc., Third-Party Defendant-Respondent.

Supreme Court of Wisconsin.

Decided April 8, 1980.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Burton A. Strnad of Milwaukee.

For the respondents there was a brief by Clifford C. Kasdorf, Jeffrey A. Schmeckpeper and Kasdorf, Dall, Lewis & Swietlik, S.C., of Milwaukee, and oral argument by Clifford C. Kasdorf.

For Ogden & Company, Inc., there was a brief and oral argument by Phillip E. Crump of Milwaukee.

BEILFUSS, C.J.

Plaintiff Marian D. Reiter was injured when she slipped and fell on the rear walkway of a house owned by defendants Paul and Linda Dyken and located in the Village of Shorewood.

At the time of the accident the house was unoccupied. The Dykens had moved out of the state several months earlier and were in the process of selling their former residence. They entered into a listing contract with third-party defendant Ogden & Company, a local...

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