ARLEDGE v. SCHERER FREIGHT LINES, INC.,


269 Wis. 142 (1955)

ARLEDGE, Appellant, vs. SCHERER FREIGHT LINES, INC., Respondent.

Supreme Court of Wisconsin.

March 8, 1955.


Attorney(s) appearing for the Case

For the appellant there was a brief by Dougherty, Arnold & Philipp, and oral argument by James T. Murray, all of Milwaukee.

For the respondent there was a brief by Lines, Spooner & Quarles, attorneys, and James C. Mallien of counsel, all of Milwaukee, and oral argument by Mr. Mallien.


STEINLE, J.

Two questions are raised by appellant. They are:

1. Did not the plaintiff establish a cause of action under the doctrine of res ipsa loquitur?

2. Did not plaintiff's evidence establish that the defendant was negligent in handling the fire and in reporting it to the fire department?

"Although, as a general rule, the mere occurrence of a fire with resultant injuries does not raise a presumption of negligence either in the kindling...

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