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TROGUN v. FRUCHTMAN

No. 324.

58 Wis.2d 569 (1973)

207 N.W.2d 297

TROGUN, Appellant, v. FRUCHTMAN, Respondent.

Supreme Court of Wisconsin.

Decided May 21, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of S. A. Schapiro of Milwaukee.

For the respondent the cause was submitted on the brief of Irving W. Zirbel of Milwaukee.

A brief amicus curiae was filed by Gaines & Saichek, S. C., attorneys, and Theodore B. Hertel, Jr., of counsel, all of Milwaukee, for Wisconsin Academy of Trial Lawyers.

Submitted under sec. (Rule) 251.54 March 29, 1973.

WILKIE, J.

Three issues are raised on this appeal. They are:

1. Did the trial court properly nonsuit plaintiff-appellant?

2. Did the trial court err in not applying the doctrine of res ipsa?

3. Did the trial court err in holding:

(a) That plaintiff-appellant failed to establish a prima facie case of assault based upon the defendant's failure

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