VAN MATRE v. MILWAUKEE E. R. & T. CO.


268 Wis. 399 (1955)

VAN MATRE, by Guardian ad litem, and another, Respondents, vs. MILWAUKEE ELECTRIC RAILWAY & TRANSPORT COMPANY, Appellant.

Supreme Court of Wisconsin.

January 11, 1955.


Attorney(s) appearing for the Case

For the appellant there were briefs by Shaw, Muskat & Paulsen, attorneys, and John F. Zimmermann of counsel, all of Milwaukee, and oral argument by Mr. Zimmermann.

For the respondents there was a brief by Kleczka & Steinhilber of Milwaukee, and oral argument by Leonard J. Kleczka and C. D. Steinhilber.


GEHL, J.

Question 1 of the special verdict inquired whether the injuries resulted from an unavoidable accident. The jury answered in the negative. The court instructed the jury that the burden of proof to establish an affirmative answer to the question was upon the defendant. Defendant contends that the burden was erroneously placed. We have found but one Wisconsin case which may be considered as dealing with the question as to who has the burden to prove unavoidable...

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