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ELMER v. CHICAGO & N. W. R. CO.

260 Wis. 567 (1952)

ELMER, Appellant, vs. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Respondent.

Supreme Court of Wisconsin.

February 5, 1952.

Attorney(s) appearing for the Case

For the appellant there was a brief by Fisher & Fisher of Janesville, and oral argument by Cleland P. Fisher.

For the respondent there was a brief by Edward H. Borgelt and Richard S. Gibbs, both of Milwaukee, and John C. Wickhem of Janesville, and oral argument by Mr. Gibbs.

FAIRCHILD, J.

Upon the trial of this action, after the introduction of the evidence summarized above, defendant moved for a directed verdict. This motion was granted by the trial court, and judgment of dismissal was entered.

The immediate issue to be considered here is such that it becomes unnecessary to discuss in detail the evidence relating to the guilt or innocence of the plaintiff. The question is one of the existence of "probable cause." Did the defendant...

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