Leipske v. Guenther

The trial court was right in refusing to submit a question of defendant’s negligence to the jury. *88There 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 treated as depending on reasonable foreseeability that injury to someone may follow. See McCauley v. International Trading Co. (1954), 268 Wis. 62, 68-70, 66 N. W. (2d) 633; Matthews v. Scannell (1930), 201 Wis. 381, 383, 230 N. W. 53; Fox v. Koehnig (1926), 190 Wis. 528, 538-543, 209 N. W. 708. It has been said…