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MANOR v. HANSON

No. 83-2031.

123 Wis.2d 524 (1985)

368 N.W.2d 41

Joan R. MANOR, individually and as Personal Representative of the Estate of Neil D. Manor, Sr., deceased, Plaintiff-Respondent-Petitioner, v. Anna HANSON and Milwaukee Guardian Insurance Inc., a Wisconsin insurance corporation, Defendants-Respondents, TREMPEALEAU COUNTY and General Casualty Company of Wisconsin, a Wisconsin insurance corporation, Defendants-Appellants-Cross-Petitioners.

Supreme Court of Wisconsin.

Decided May 22, 1985.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by William A. Adler and Adler and La Fave, Eau Claire, and oral argument by William A. Adler.

For the defendants-appellants and cross-petitioners there were briefs by Francis J. Wilcox, Daniel A.Enright and Wilcox & Wilcox, Eau Claire, and oral argument by John F. Wilcox.

For the defendants-respondents there was a brief by Douglas M. Johnson and Garvey, Anderson, Kelly & Ryberg, S.C., Eau Claire, and oral argument by Beverly Wickstrom, Eau Claire.

WILLIAM A. BABLITCH, J.

Joan R. Manor (Manor) appeals that part of a court of appeals' decision which held that the motor vehicle driven by Anna Hanson (Hanson), which negligently caused the death of Manor's husband, was not a motor vehicle within the meaning of sec. 345.05 (2), Stats., because it was not rented or leased by Trempealeau county (County). The court of appeals also held that Hanson was acting as a servant of Trempealeau county at the time of the accident...

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