Legal Opinion

Wood v. Indemnity Insurance Co. of North America

Wisconsin Supreme Court

Decided May 1, 1956PublishedCited by 19 opinions

1Opinion of the CourtCurrie, J.

The sole issue on this appeal is whether the rule of res ipsa loquitur could properly be invoked by the plaintiff under the facts surrounding the accident on the issue of Mr. Wood’s negligence. Unless the jury is permitted to infer negligence from the occurrence of the accident itself under the doctrine of res ipsa loquitur, there is no other evidence in the record which would support a finding of causal negligence with respect to Mr. Wood’s operation of the jeep. The learned trial court concluded that this was not a proper case to apply the principle of res ipsa loquitur because “it is just…

2Cases cited7 opinions

  1. Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
  2. Glowacki v. North Western Ohio Ry. & Power Co.Ohio Supreme Court · 1927
  3. Hamilton v. ReinemannWisconsin Supreme Court · 1940
  4. Schimke v. Mutual Automobile Insurance Co. of HermanWisconsin Supreme Court · 1954
  5. Baars v. BendaWisconsin Supreme Court · 1946

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

3Cited by19 opinions

  1. Lambrecht v. Estate of KaczmarczykWisconsin Supreme Court · 2001
  2. Turk v. H. C. Prange Co.Wisconsin Supreme Court · 1963
  3. Magdalene M. Smoot and Ryan M. Smoot v. Mazda Motors of America, Inc. And Tokio Marine and Fire Insurance Company, Ltd.Court of Appeals for the Seventh Circuit · 2006
  4. Henthorn v. M. G. C. Corp.Wisconsin Supreme Court · 1957
  5. Beaudoin v. Watertown Memorial HospitalWisconsin Supreme Court · 1966

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

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