RUDY v. CHICAGO, M., ST. P. & P. R. CO.


5 Wis.2d 37 (1958)

RUDY, Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Respondent.

Supreme Court of Wisconsin.

October 7, 1958.


Attorney(s) appearing for the Case

For the appellant there was a brief by Cavanagh, Mittel-stead, Sheldon, Heide & Hartley of Kenosha, and oral argument by William A. Sheldon.

For the respondent there was a brief by Bender, Trump, Davidson & Godfrey, attorneys, and Rodger S. Trump of counsel, all of Milwaukee, and oral argument by Rodger S. Trump.


FAIRCHILD, J.

Plaintiff seeks reinstatement of the verdict and argues that it may be supported by any one of three propositions: (1) Proof of the first carrier's receipt of the animals in good condition and delivery by defendant in diseased condition established negligence unless defendant proved absence of negligence; (2) the evidence was such as to permit the jury to find, upon balancing the probabilities, that the plaintiff's cattle contracted their disease from...

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