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HADJENIAN v. SEARS, ROEBUCK & CO.

4 Wis.2d 298 (1958)

HADJENIAN, Plaintiff and Respondent, vs. SEARS, ROEBUCK & COMPANY, Defendant and Respondent: KELLY-MOHRHUSEN COMPANY, INC., Defendant and Appellant.

Supreme Court of Wisconsin.

June 3, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kivett & Kasdorf, attorneys, and John R. Henderson of counsel, all of Milwaukee, and oral argument by Mr. Henderson.

For the respondent Shnorhig Hadjenian there was a brief by Meldman & Kahn, attorneys, and Edward H. Meldman and Clifford K. Meldman of counsel, all of Milwaukee, and oral argument by Edward H. Meldman.

For the respondent Sears, Roebuck & Company the cause was submitted on the brief of Arnold, Philipp & Murray of Milwaukee.

BROADFOOT, J.

After all of the testimony had been presented Kelly moved for a directed verdict. In support of its contention that the motion should have been granted, Kelly claims there is no credible evidence to support a jury finding that Bartlein or Barbasiewicz plugged the openings in the coal water heater. Both employees testified that they did not insert the plugs. No witness testified he or she saw anyone insert the plugs. Therefore, Kelly contends, the positive...

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