Klinzing v. Huck

The first issue raised on this appeal is whether the trial court erred in refusing to give an instruction based on the presumption of due care given to the deceased Hammang, or put another way, the issue is whether there is credible evidence of Hammang’s negligence so as to remove that presumption from this case.

The appellant here, as in Moose v. Milwaukee Mut. Ins. Co.,1 argues that an instruction of due care accorded to a deceased party should have been given.

In that case, this court said:

“This presumption is a limited one which is not evidence, and is sufficient only to place upon the…