Implement Dealers Mutual Fire Insurance v. Golden

Plaintiff’s theory in the trial court and here is that no proof of active negligence on the part of the defendants was essential to the right to recover. It contends that since defendants were in control of the building at the time the fire occurred they are responsible for the loss under application of the rule of res ipsa loquitur.

The jury found that the defendants were not in exclusive control of the building.

Plaintiff relies upon Dehmel v. Smith (1930), 200 Wis. 292, 295, 227 N. W. 274, and Koehler v. Thiensville State Bank (1944), 245 Wis. 281, 14 N. W. (2d) 15. The Dehmel Case was an…