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WOLFE v. OLIVER CONSTRUCTION CO.

16 Wis.2d 337 (1962)

WOLFE, Plaintiff, v. OLIVER CONSTRUCTION COMPANY, Defendant and Appellant: KUTSCHENREUTER EXCAVATING & GRADING CORPORATION, Defendant and Respondent.

Supreme Court of Wisconsin.

April 3, 1962.

Attorney(s) appearing for the Case

For the appellant there were briefs by Lowry, Hunter & Tikalsky of Waukesha, and oral argument by Donald J. Tikalsky.

For the respondent there was a brief by Kivett & Kasdorf, attorneys, and Nonald J. Lewis and James G. Forester of counsel, all of Milwaukee, and oral argument by Mr. Lewis and Mr. Forester.

BROADFOOT, C. J.

Mr. Kutschenreuter, president of the Kutschenreuter Corporation, testified that while he was engaged in the excavating work it was his duty to keep the public sidewalk clean. He further testified that he did so during the time through September 12th, but there is no testimony that either he or anyone on his behalf did so after the 14th and 15th of September. Other witnesses testified that there were dirt, pebbles, and stones on the sidewalk for two...

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