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BENGSTON v. ESTES

260 Wis. 595 (1952)

BENGSTON and wife, Appellants, vs. ESTES and another, Respondents.

Supreme Court of Wisconsin.

February 5, 1952.

Attorney(s) appearing for the Case

For the appellants there were briefs by Toebaas, Hart, Kraege & Jackman of Madison, and oral argument by W. L. Jackman.

For the respondents there was a brief by Rieser, Mathys, McNamara & Stafford of Madison, and oral argument by Willard S. Stafford.

BROWN, J.

The appeal rests on various errors said to have been committed by the trial court. The most serious is that the court erred in instructing that the plaintiff had the burden of proving "by a clear preponderance of the evidence and to a reasonable certainty" the elements of defendant's negligence and the causal effect. Plaintiff contends that this is the quantum of proof required in cases where fraud or criminal acts...

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