CANDELL v. SKAAR


3 Wis.2d 544 (1958)

CANDELL, Appellant, vs. SKAAR and another, Respondents.

Supreme Court of Wisconsin.

April 8, 1958.


Attorney(s) appearing for the Case

For the appellant there were briefs by Hale, Skemp, Hanson & Schnurrer of La Crosse, and oral argument by T. H. Skemp.

For the respondents there was a brief by Thompson, Smyth & Flynn and Bunge, Coleman, Moen & Meyer and Bosshard & Arneson, all of La Crosse, and oral argument by John S. Coleman and Robert D. Smyth.


FAIRCHILD, J.

We conclude that there must be a new trial because of an inconsistency in the finding of the jury. Resolution of the inconsistency may result in a different finding on comparison of negligence. Other questions raised on the appeal will be discussed to the extent that may be helpful on a new trial.

(1) Inconsistency in findings. The jury found that defendants failed in their duty under the safe-place statute in respect to the edges of the...

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