MINKEL v. BIBBEY


263 Wis. 90 (1953)

MINKEL, Appellant, vs. BIBBEY, Respondent.

Supreme Court of Wisconsin.

February 3, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief by Gannon & Gannon of Rice Lake, and oral argument by Patrick M. Gannon.

For the respondent there was a brief by William A. Cameron and Howard W. Cameron, both of Rice Lake, and oral argument by William A. Cameron.


CURRIE, J.

The trial court set aside the jury's finding that Mickelson was negligent as to lookout on the ground that there was not sufficient evidence to sustain such finding. No question inquiring as to whether Mickelson was negligent with respect to management and control was submitted to the jury and there was no request by plaintiff's counsel that such a question be submitted in the verdict.

The facts in this case give rise to an almost irresistible inference...

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