FRINGS v. DONOVAN


266 Wis. 277 (1954)

FRINGS, Appellant, vs. DONOVAN and another, Respondents.

Supreme Court of Wisconsin.

March 2, 1954.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Donald W. Kaatz of Madison.

For the respondents there was a brief by William A. Cameron and Howard W. Cameron, both of Rice Lake, attorneys, and Warren E. Winton of Shell Lake of counsel, and oral argument by William A. Cameron.


BROADFOOT, J.

The main issue upon the trial was whether the plaintiff fell upon the sidewalk in front of the defendants' hotel property or whether she fell in the street. On this issue the jury found, from an abundance of competent evidence, in favor of the defendants.

At the close of the testimony the plaintiff moved for judgment for the amount of damages proved in court, on the ground that the defendants had not filed an answer prior to the commencement...

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