Van Matre v. Milwaukee Electric Railway & Transport Co.

Question 1 of the special verdict inquired whether the injuries resulted from an unavoidable accident. The jury answered in the negative. The court instructed the jury that the burden of proof to establish an affirmative answer to the question was upon the defendant. Defendant contends that the burden was erroneously placed. We have found but one Wisconsin case which may be considered as dealing with the question as to who has the burden to prove unavoidable accident when it is in issue. In Murray v. Yellow Cab Co. (1923), 180 Wis. 314, 192 N. W. 1021, a negli gence case, the court refused to…