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NIEDBALSKI v. CUCHNA

3 Wis.2d 57 (1958)

NIEDBALSKI, Respondent, vs. CUCHNA and another, Appellants.

Supreme Court of Wisconsin.

February 4, 1958.

Attorney(s) appearing for the Case

For the appellants there were briefs by Engelhard, Snodgrass & Goerdt of La Crosse, and oral argument by Lawrence M. Engelhard.

For the respondent there was a brief by Johns, Roraff, Pappas & Flaherty of La Crosse, and oral argument by Leonard F. Roraff.

BROWN, J.

On September 13, 1956, a collision occurred in La Crosse county between an automobile owned and driven by plaintiff Niedbalski and a semitrailer driven by defendant Hoople for its owner, defendant Cuchna. On November 5, 1956, Cuchna sued Niedbalski for his property damage and in another action Hoople sued Niedbalski for his personal injuries.

Niedbalski answered but instead of making a counterclaim or cross complaint in those actions he began the...

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