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WEGGEMAN v. SEVEN-UP BOTTLING CO.

5 Wis.2d 503 (1958)

WEGGEMAN and another, Appellants, v. SEVEN-UP BOTTLING COMPANY, Respondent.

Supreme Court of Wisconsin.

December 2, 1958.

Attorney(s) appearing for the Case

For the appellants there was a brief by Smith, Rogers & Smith of Fort Atkinson, and oral argument by William H. Rogers and Donald L. Smith.

For the respondent there was a brief by Schubring, Ryan, Petersen & Sutherland, and oral argument by Eugene O. Gehl, all of Madison.

WINGERT, J.

1. Denial of judgment for plaintiff. Appellants' first contention is that the trial court erred in refusing to grant their motion for judgment notwithstanding the verdict. It is argued that since defendant offered no evidence, both the principle res ipsa loquitur and the testimony in the record entitled plaintiffs to recover, and that in such a case it would be contrary to public policy to permit the judgment for the defendant to stand.<...

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