Biersach v. Wolf River Paper & Fiber Co.

I dissent because I think that upon the evidence stated in the opinion of the court there was no evidence that the deceased was negligent, and that he was not negligent is presumed in absence of evidence that he was. That the defendant was negligent was found by the jury, that finding was approved by the trial court, and is conceded by counsel for defendant to be supported by the evidence. It follows that the plaintiff is entitled to judgment for the damages assessed by the jury.

The principle of law applicable to negligence cases involving accident resulting in death, that the deceased is…