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WELCH v. NEISIUS

35 Wis.2d 682 (1967)

WELCH, Plaintiff and Respondent, v. NEISIUS, d/b/a C & H TRANSFER COMPANY, Defendant and Appellant: WISCONSIN FARMCO SERVICE CO-OP., Defendant.

Supreme Court of Wisconsin.

June 30, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Cameron, Shervey & Weisel of Rice Lake, and oral argument by Robert O. Weisel.

For the respondent there was a brief by Hughes, Anderson, Davis & Witkin, attorneys, and B. R. Fredrickson of counsel, all of Superior, and oral argument by Mr. Fredrickson.

BEILFUSS, J.

The two principal issues are: 1. Did the court err in instructing the jury as to the doctrine of res ipsa loquitur?

2. Was the plaintiff negligent as a matter of law in the manner in which he attempted to enter the trailer?

In our earlier cases this court consistently held that three elements must be established to invoke the doctrine of res ipsa loquitur: (1) The accident must be the kind which ordinarily does not occur...

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