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PODOLL v. SMITH

11 Wis.2d 583 (1960)

PODOLL and another, Appellants, v. SMITH, Respondent.

Supreme Court of Wisconsin.

November 29, 1960.

Attorney(s) appearing for the Case

For the appellants there was a brief by Benton, Bosser, Fulton, Menn & Nehs, attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by David L. Fulton and John B. Menn.

For the respondent there was a brief by O'Leary & Joyce of Neenah, and oral argument by E. C. Joyce.

BROWN, J.

In 1955 Mrs. Podoll's right ankle had been burned in an accident in Chicago and a phlebitis resulted. This required her to be hospitalized for two months with aftertreatment of eight months. After getting home from Chicago, she was under the surveillance of a Dr. O'Brien and was still under his observation, though no longer being treated for the phlebitis, when she was bitten by the monkey. Mrs. Podoll was bitten August 4, 1956. Her testimony is uncontroverted...

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