OESTERLE v. COUCH


10 Wis.2d 293 (1960)

OESTERLE, Respondent, v. COUCH, Appellant.

Supreme Court of Wisconsin.

May 3, 1960.


Attorney(s) appearing for the Case

For the appellant there were briefs by Aberg, Bell, Blake & Metzner and Milo G. Flaten, all of Madison, and oral argument by Carroll E. Metzner.

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


BROWN, J.

It must be conceded that the Mason jar was defective at and immediately before the jar came to pieces in plaintiff's hand. The question in issue is whether or not defendant knew or ought to have known that the jar was unsafe for the plaintiff to use. There is no evidence that defendant had actual knowledge of any defect which made the jar unsafe. Plaintiff's argument rests on the phenomenon that a rapid change in the temperature of a glass vessel may and...

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