Asplund v. Palmer

In proceeding with this action, the impression apparently prevailed that the cause must be brought in accordance with the provisions of sec. 330.19 (5), Stats., the defendant insisting that if the notice required by that section was essential to this case, it was not given in due season. The defendant urges that where damages are excessive the rule, permitting the acceptance by the party in whose favor the verdict is of an amount properly reduced in lieu of a new trial, was not followed in this case.

The facts on which plaintiff relies for recovery in this case were brought before the court in…