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METZ v. MEDFORD FUR FOODS

4 Wis.2d 96 (1958)

METZ, Appellant, vs. MEDFORD FUR FOODS, INC., Respondent.

Supreme Court of Wisconsin.

May 6, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Clifford L. Curran of Medford.

For the respondent there was a brief by Smith, Okoneski, Puchner & Tinkham of Wausau, and Nikolay, Jensen & Scott of Medford, and oral argument by Richard P. Tinkham and Corliss V. Jensen.

BROWN, J.

We consider that the learned trial court correctly overruled the demurrer to the defense of waiver and assumption of risk because the purchaser was a director of defendant corporation. If plaintiff is in fact guilty of contributory negligence in the use of defendant's product that may defeat his claim but we agree that such a defense is not established by proof merely that he was one of defendant's directors.

The other affirmative defense is that...

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