Leipske v. Guenther

7 Wis.2d 86 (1959)

LEIPSKE, by Guardian, Appellant,

v.

GUENTHER, Respondent.[*]

Supreme Court of Wisconsin.

March 5, 1959.

April 7, 1959.

For the appellant there was a brief and oral argument by Max E. Geline of Milwaukee.

For the respondent there was a brief and oral argument by James D'Amato of Waukesha.

HALLOWS, J.

The trial court was right in refusing to submit a question of defendant's negligence to the jury.

There was no evidence on which a finding of negligence could properly have been based.

In cases where damage is done by animals, the question of the custodian's causal negligence has been…