Legal Opinion

Mixis v. Wisconsin Public Service Co.

Wisconsin Supreme Court

Decided February 5, 1965PublishedCited by 7 opinions

1Opinion of the CourtCurrie, C. J.

Public Service seeks a new trial on this appeal because of alleged prejudicial errors occurring during the course of trial. We consider the two most important of these alleged errors to be:(1) The res ipsa loquitur instruction given by the trial court to the jury.(2) The failure of the trial court to include questions in the special verdict inquiring with respect to the alleged causal negligence of Kidde.

Two other alleged errors will be commented upon later in the opinion.

The Res Ipsa Loquitur Instruction.

The res ipsa loquitur instruction given by the trial court reads as follows:

“You are…

2Cases cited5 opinions

  1. Chapnitsky v. McCloneWisconsin Supreme Court · 1963
  2. Filipiak v. PlombonWisconsin Supreme Court · 1962
  3. Wood v. Indemnity Insurance Co. of North AmericaWisconsin Supreme Court · 1956
  4. Wisconsin Telephone Co. v. MatsonWisconsin Supreme Court · 1950
  5. Sharp v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1963

3Cited by7 opinions

  1. Peplinski v. Fobe's Roofing, Inc.Wisconsin Supreme Court · 1995
  2. Turtenwald v. Aetna Casualty & Surety Co.Wisconsin Supreme Court · 1972
  3. State v. BergeronCourt of Appeals of Wisconsin · 1991
  4. Metcalf v. Consolidated Badger Co-OperativeWisconsin Supreme Court · 1965
  5. Aetna Casualty & Surety Co. v. Becker Construction Co.Wisconsin Supreme Court · 1979

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API