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IMPLEMENT DEALERS MUT. FIRE INS. CO. v. GOLDEN

257 Wis. 532 (1950)

IMPLEMENT DEALERS MUTUAL FIRE INSURANCE COMPANY, Appellant, vs. GOLDEN and another, Respondents.

Supreme Court of Wisconsin.

October 3, 1950.

Attorney(s) appearing for the Case

Joseph G. Hirschberg of Madison, for the appellant.

Richard R. Rynders of Madison, and Lloyd A. Schneider of McFarland, for the respondents.

HUGHES, J.

Plaintiff's theory in the trial court and here is that no proof of active negligence on the part of the defendants was essential to the right to recover. It contends that since defendants were in control of the building at the time the fire occurred they are responsible for the loss under application of the rule of res ipsa loquitur.

The jury found that the defendants were not in exclusive control of the building.

Plaintiff relies...

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