Knief v. Sargent

Basically only one question is raised on this appeal, i.e., whether the trial court erred in refusing to give an instruction on res ipsa loquitur. Plaintiff requested the instruction based upon Fehrman v. Smirl (1963), 20 Wis. 2d 1, 121 N. W. 2d 255, 122 N. W. 2d 439, and Fehrman v. Smirl (1964), 25 Wis. 2d 645, 131 N. W. 2d 314, and contends his facts come squarely within those cases. The question involves not the form of the instruction but its availability in view of the direct proof of negligence in the record.

It is now five years since this court held an instruction on res ipsa loquitur…