Victorson v. Milwaukee & Suburban Transport Corp
In Victorson v. Milwaukee & Suburban Transport Corp., 70 Wis. 2d 336, 234 N.W.2d 332 (1975), the trial court had instructed the jury under the "probability" standard. See id. at 356.
Holding that the instruction was error, albeit harmless, the court noted that the "certainty" standard is the proper level for satisfying the preponderance of the evidence test. See id. at 357.
And the court cautioned that the use of the word "probability" was "not to be encouraged." Id.