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BRUNNER v. VAN HOOF

4 Wis.2d 459 (1958)

BRUNNER, Special Administrator, Respondent, vs. VAN HOOF and another, Appellants.

Supreme Court of Wisconsin.

June 3, 1958.

Attorney(s) appearing for the Case

For the appellants there was a brief by Everson, Ryan, Whitney & O'Melia of Green Bay, and oral argument by E. L. Everson and James L. Everson.

For the respondent there was a brief by Lehner, Lehner & Behling of Oconto Falls, and oral argument by Howard N. Lehner.

HALLOWS, J.

The two main questions presented are: (1) Did the trial court err in giving unrequested instructions on res ipsa loquitur in view of the evidence and where specific acts of negligence were inquired about in the verdict and no general question on negligence was submitted? (2) Did the giving of such res ipsa loquitur instructions constitute prejudicial error?

The appellant's first contention was the res ipsa loquitur instruction...

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