Gage v. Seal

• Decision Date: 01 February 1968
• Citation: Gage v. Seal, 36 Wis.2d 661, 155 N.W.2d 557 (Wis. 1968)
• Parties: Lawrence GAGE, Plaintiff-Respondent, v. Sandra SEAL et al., Defendants-Appellants, Stokely-Van Camp, Inc., a corporation et al., Defendants-Respondents.
• Court: Wisconsin Supreme Court

Page 557

155 N.W.2d 557

36 Wis.2d 661

Lawrence GAGE, Plaintiff-Respondent, v. Sandra SEAL et al., Defendants-Appellants Stokely-Van Camp, Inc., a corporation et al., Defendants-Respondents.

Supreme Court of Wisconsin.

Feb. 1, 1968.

Welsh, Trowbridge, Bills, Planert & Gould, Green Bay, for defendants-respondents.

Everson, Whitney, O'Melia, Everson & Brehm, Green Bay, for defendants-appellants.

PER CURIAM (on rehearing).

The motion for rehearing raises the question of issues affection the plaintiff and his burden of proof upon the new trial. We have determined that the questions of the plaintiff's contributory negligence and his damages have been resolved and need not be retried.

The plaintiff's complaint alleges causal negligence on the part of both the defendant Sandra Seal, and the employees of the defendant, Stokely-Van Camp. Both defendants have cross complained against each other. At the new trial the plaintiff will have the burden to prove negligence on the...