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THROM v. KOEPKE SAND & GRAVEL CO.

260 Wis. 479 (1952)

THROM, Appellant, vs. KOEPKE SAND & GRAVEL COMPANY, Respondent.

Supreme Court of Wisconsin.

January 8, 1952.

Attorney(s) appearing for the Case

For the appellant there was a brief by Arthur DeBardeleben, attorney, and DeBardeleben & Mahoney of counsel, all of Park Falls, and oral argument by Arthur DeBardeleben.

For the respondent there was a brief by John M. Whitmer of Park Falls, attorney, and Benton, Bosser, Becker, Parnell & Fulton of Appleton of counsel, and oral argument by Mr. Whitmer and Mr. David L. Fulton.

GEHL, J.

Plaintiff contends that the testimony offered by him that his land was not cleaned up and restored to farming condition, being uncontradicted and undisputed, could not be disregarded by the jury, and that, therefore, there was no evidence to support the finding. He offered proof that the land had been under cultivation for the production of alfalfa hay prior to defendant's operation; that it was left covered in part...

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