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WITHERS v. TUCKER

28 Wis.2d 82 (1965)

WITHERS, Plaintiff and Appellant, v. TUCKER and others, Defendants: ELECTRONIC EXPEDITORS, INC., and another, Defendants and Respondents.

Supreme Court of Wisconsin.

June 25, 1965.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Leonard V. Brady, attorney, and H. R. George of counsel, both of Milwaukee.

For the respondents there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Kurt H. Frauen and Thomas N. Klug of counsel, all of Milwaukee, and oral argument by Mr. Frauen.

CURRIE, C. J.

Appellant-plaintiff's brief attempts to raise two issues:

(1) Whether the trial court erred in not holding as a matter of law that Tucker was acting within the scope of his employment at the time the accident occurred.

(2) Whether the trial court erred in its instructions to the jury.

In addition to the points raised by plaintiff, the respondents-defendants have moved that double costs...

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