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SCHOLTEN PATTERN WORKS v. ROADWAY EXP.

No. 89-0484.

152 Wis.2d 253 (1989)

448 N.W.2d 670

SCHOLTEN PATTERN WORKS, INC., Plaintiff-Respondent, v. ROADWAY EXPRESS, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 6, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Robert C. Hahn of Holden & Hahn of Sheboygan.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Alvin R. Kloet of Chase, Olsen, Kloet & Gunderson of Sheboygan.

Before Brown, P.J., Scott and Nettesheim, JJ.

BROWN, P.J.

In this small claims case, Roadway Express, Inc., a common carrier, appeals from a judgment in favor of Scholten Pattern Works, Inc. for damage to machinery delivered by Roadway to Scholten Pattern. The trial court found that Scholten had proved its case by showing that the machinery was in good condition when delivered to the carrier but was damaged when received by Scholten. We hold that the first of these essential findings is based only on hearsay...

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