SCHULZE v. KLEEBER


10 Wis.2d 540 (1960)

SCHULZE, Appellant, v. KLEEBER and another, Respondents.

Supreme Court of Wisconsin.

June 7, 1960.


Attorney(s) appearing for the Case

For the appellant there was a brief by Vaughn S. Conway and Kenneth H. Conway, both of Baraboo, and oral argument by Vaughn S. Conway.

For the respondents there was a brief by Langer & Cross of Baraboo, and oral argument by Clyde C. Cross and H. M. Langer.


FAIRCHILD, J.

1. Sufficiency of evidence. It will be apparent from the foregoing statement of facts that the evidence presented issues for the jury as to whether (1) Kleeber acted in bad faith, (2) LeMoine used excessive force, and (3) such excessive force caused Schulze's injuries. We find evidence sufficient to sustain each answer, subject to the following comment as to the third.

The jury having found that excessive force was used, the negative answer...

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