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CARSON v. PAPE

15 Wis.2d 300 (1961)

CARSON, Appellant, v. PAPE and others, Respondents.

Supreme Court of Wisconsin.

December 29, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Coggs & Mc-Cormick of Milwaukee, and oral argument by Harvey L. McCormick.

For the respondents there was a brief by John J. Fleming, city attorney of Milwaukee, and George A. Bowman, Jr., assistant city attorney, and oral argument by Mr. Bowman.

MARTIN, C. J.

The trial court instructed the jury that:

"If you find that the arrest of the plaintiff by these defendants was not a false arrest, then that will end your consideration of the case and you will return a verdict of no cause of action in favor of the defendants."

Appellant contends that this instruction was erroneous because a jury issue with respect to excessive force in making the arrest was...

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