Dickens v. Kensmoe

The question is whether Kensmoe is entitled to contribution against Eau Claire county if he pays 100 percent of the judgment. Eau Claire county claims it is only secondarily liable and therefore is not liable for contribution. It bases its contention upon sec. 81.17, Stats., 1 and it is the construction of this statute that is determinative of this case.

The facts are not in dispute. During the week of June 16, 1969, Eau Claire county’s highway department was blacktopping Highway Q, using its own employees and equipment. When work on Highway Q ended on June 21, 1969, a windrow of blacktop…