Leipske v. Guenther
| Decision Date | 02 June 1959 |
| Parties | Sharon LEIPSKE, by Violet Leipske, her Guardian, Plaintiff and Appellant, v. Walter GUENTHER, Defendant and Respondent. |
| Court | Wisconsin Supreme Court |
Max E. Geline, Milwaukee for appellant.
James D'Amato, Waukesha, for respondent.
The appellant calls our attention to an error in the opinion in which we stated that the fence separating the pasture from the schoolgrounds consisted of woven wire with three strands of barbed wire. The opinion is corrected in that respect to state the fence between the schoolgrounds and the pasture was of mesh wire about 4 feet 7 inches without barbed wire and was installed by the school board. The fence described in the opinion surrounded the pasture except along the schoolyard fence. This fence likewise meets the statutory requirements for legal and sufficient fences. Sec. 90.02(1)(d), Stats.
The appellant contends that since the defendant was not the owner of the school fence he did not have a legal and sufficient fence at the place where the horse reached over the fence and bit the ear of the plaintiff. The ownership of the fence here is immaterial since in fact the fence served to close the defendant's pasture along the schoolgrounds and under the facts the horse would have thrust his head over the fence no matter who owned it.
The rest of the appellant's brief reargues issues which were argued and considered by the court and which we believe were correctly disposed of on the appeal.
Since the respondent did not file a brief on rehearing he is not entitled to costs.
Motion for rehearing is denied without costs.
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Vendrella v. Astriab Family Ltd.
...matters of common knowledge and a proper subject for judicial notice”). But see Leipske v. Guenther, 7 Wis.2d 86, 91, 95 N.W.2d 774, 96 N.W.2d 821 (1959) ( “there is no evidence that it is a natural propensity of horses to bite people, and we are not prepared to take judicial notice of such......
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Carver v. Ford
...636, 128 So. 771 (1930) owner knowingly permitted bull to run loose; Leipske v. Guenther, 7 Wis.2d 86, 95 N.W.2d 774, reh. den. 7 Wis.2d 86, 96 N.W.2d 821 (1959) owner of horse that reached over fence and bit child in school yard not liable; Ekwortzel v. Parker, 156 Mont. 477, 482 P.2d 559 ......
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Nelson v. Hansen
...188 Wis. 133, 205 N.W. 923 (horse being led behind a wagon on a public street); Leipske v. Guenther, 1959, 7 Wis.2d 86, 95 N.W.2d 774, 96 N.W.2d 821 (horse reaching over pasture fence and biting child); and cases hereinafter discussed. At common law an owner or keeper of a domestic animal w......
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Vendrella v. Astriab Family Ltd. P'ship, SC18949
...matters of common knowledge and a proper subject for judicial notice"). But see Leipske v. Guenther, 7 Wis. 2d 86, 91, 95 N.W.2d 774, 96 N.W.2d 821 (1959) ("there is no evidence that it is a natural propensity of horses to bite people, and we are not prepared to take judicial notice of such......