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HENRICKSEN v. McCARROLL

No. 26.

45 Wis.2d 368 (1970)

173 N.W.2d 153

HENRICKSEN and wife, Plaintiffs and Respondents, v. McCARROLL and wife, d/b/a JOY FARM COMPANY, Defendants and Respondents: DEUTSCH, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided January 9, 1970.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by John A. Kluwin.

For the plaintiffs-respondents there was a brief by Frisch, Dudek, Slattery & Denny, attorneys, and C. Michael Hausman of counsel, all of Milwaukee, and oral argument by Mr. Hausman.

For the defendants-respondents there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Robert C. Watson of counsel, all of Milwaukee, and oral argument by Mr. Watson.

BEILFUSS, J.

The defendant, Deutsch, contends (1) that the evidence does not support the jury's findings that he was causally negligent, (2) that the court's instructions as to the duties of the defendants as bailor and bailee were erroneous, and (3) that the evidence does not support the jury's findings of comparative negligence between the defendants as 70 percent to Deutsch and 10 percent to McCarroll.

The parties...

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