Sutor v. Rogotzke

Otis, Justice.

This is an action for death by wrongful act arising out of a hunting accident. The jury found for defendant. The trial court granted a new trial on the ground it was error to deny plaintiff’s requested instruction on res ipsa loquitur. Defendant appeals and we. affirm.

On October 13, 1968, decedent, William Sutor, was duck hunting in a slough near the city of Springfield, Brown County. De fendant, Daniel Dean Rogotzke, then 17, was also hunting in the area when a friend passed by and showed defendant a .22-caliber rifle. Defendant explained the accident in the following manner:

“We…