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BARTZ v. BRAUN

14 Wis.2d 425 (1961)

BARTZ (Paula), Plaintiff and Respondent, v. BRAUN and others, Defendants and Appellants: ROHRSCHEIB and another, Defendants and Respondents. BARTZ (Walter O.), Plaintiff and Respondent, v. SAME, Defendants and Appellants: SAME, Defendants and Respondents.

Supreme Court of Wisconsin.

October 31, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief by John F. O'Brien, and oral argument by George J. Laird, both of Fond du Lac.

For the respondents Bartz there was a brief and oral argument by Rudolph L. Forrer of Milwaukee.

For the respondents Rohrscheib and Northwestern National Casualty Company there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Edmund W. Powell of counsel, all of Milwaukee, and oral argument by Edmund W. Powell.

BROADFOOT, J.

At the close of the plaintiffs' testimony, the appellants moved for a nonsuit and the motion was denied by the trial court. It is contended upon appeal that this was error.

A motion for nonsuit presents a question of law for determination by the court and is equivalent to a demurrer to the evidence. In passing thereon the trial court should view the evidence in a light most favorable to the plaintiff and must give the plaintiff the benefit of...

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