WILLENBRING v. BORKENHAGEN


29 Wis.2d 464 (1966)

WILLENBRING, by Guardian ad litem, and another, Respondents, v. BORKENHAGEN, Appellant.

Supreme Court of Wisconsin.

January 4, 1966.


Attorney(s) appearing for the Case

For the appellant there was a brief by Hill, Miller & Quale of Baraboo, and oral argument by James H. Hill, Jr.

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


BEILFUSS, J.

Because we reverse on the first ground and reinstate the jury's verdict, we do not consider the requests for new trial. The sole issue considered on this appeal is whether the trial court was justified in changing the jury's determination of respondent's negligence, so as to find no negligence on her part.

It is undisputed that a minor seven years old or older is capable of being negligent. Sec. 328.44, Stats. We have often pointed out, "The degree...

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