O'NEILL v. Montalbano

Plaintiffs appeal from a judgment in favor of the defendant in an action brought under the Wisconsin Wrongful Death Statute. The action was to recover damages occasioned by the alleged negligence of the defendant in the operation of a motor boat. After trial before a jury, a special verdict favoring the defendant was returned upon which the court entered judgment.

The only issue on appeal is whether the trial court erred by submitting a certain instruction which allegedly contained an assumption of fact by the trial court to the jury.

On Sunday, July 11,1961, William and Rosalind O’Neill and…