FREITAG v. MONTELLO


36 Wis.2d 409 (1967)

FREITAG, Appellant, v. CITY OF MONTELLO, Respondent.

Supreme Court of Wisconsin.

October 31, 1967.


Attorney(s) appearing for the Case

For the appellant there were briefs by Callahan, Arnold & Van Metre of Columbus, and oral argument by Jack W. Van Metre.

For the respondent there was a brief and oral argument by Arno J. Miller of Portage.


CURRIE, C. J.

The following two issues are presented by this appeal:

(1) Are the trial court's ultimate finding of no negligence on defendant city's part and the supporting findings of fact against the great weight and clear preponderance of the evidence?

(2) Did the trial court err in concluding that the doctrine of res ipsa loquitur did not apply in this case, where a basement was flooded as the result of an unexplained temporary obstruction...

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