WOOD v. INDEMNITY INS. CO.


273 Wis. 93 (1956)

WOOD, Appellant, vs. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Respondent.

Supreme Court of Wisconsin.

May 1, 1956.


Attorney(s) appearing for the Case

For the appellant there was a brief by Earl L. Kennedy of Rhinelander, and Harry Primakow of Milwaukee, and oral argument by Mr. Kennedy.

For the respondent there was a brief by O'Melia & Kaye of Rhinelander, and oral argument by John F. O'Melia.


CURRIE, J.

The sole issue on this appeal is whether the rule of res ipsa loquitur could properly be invoked by the plaintiff under the facts surrounding the accident on the issue of Mr. Wood's negligence. Unless the jury is permitted to infer negligence from the occurrence of the accident itself under the doctrine of res ipsa loquitur, there is no other evidence in the record which would support a finding of causal negligence with respect to Mr. Wood...

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