FONDOW v. MILWAUKEE E.R. & T. CO.


263 Wis. 180 (1953)

FONDOW, Appellant, vs. MILWAUKEE ELECTRIC RAILWAY & TRANSPORT COMPANY, Respondent.

Supreme Court of Wisconsin.

February 3, 1953.


Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Sydney M. Eisenberg of Milwaukee, and for the respondent on the brief of Shaw, Muskat & Paulsen, attorneys, and John G. Quale and John F. Zimmermann of counsel, all of Milwaukee.


BROWN, J.

Plaintiff's first contention is that the court erred "in failing to permit the jury to determine whether the plaintiff was a passenger or a trespasser." If plaintiff deemed the question material a request for a question on that subject should have been made. There was no such request and no objection was made to the special verdict without it. We have repeatedly stated that it is counsel's responsibility to request the trial court to incorporate in the special...

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