Bengston v. Estes

260 Wis. 595 (1952)

BENGSTON and wife, Appellants,

vs.

ESTES and another, Respondents.

Supreme Court of Wisconsin.

January 9, 1952.

February 5, 1952.

For the appellants there were briefs by Toebaas, Hart, Kraege & Jackman of Madison, and oral argument by W. L. Jackman.

For the respondents there was a brief by Rieser, Mathys, McNamara & Stafford of Madison, and oral argument by Willard S. Stafford.

BROWN, J.

The appeal rests on various errors said to have been committed by the trial court. The most serious is that the court erred in instructing that the plaintiff had the burden of proving "by a clear…