Rakowski v. Zimmerman
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. • This action was brought to recover damages for the alleged negligence of the defendant. Among other defenses the defendant alleged, as a separate defense, compromise, settlement, and release in full for and on account of the cause of action alleged.
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Appeal from an order of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. • This action was brought to recover damages for the alleged negligence of the defendant. Among other defenses the defendant alleged, as a separate defense, compromise, settlement, and release in full for and on account of the cause of action alleged. The jury returned the following verdict: “(1) Was the place where plaintiff worked at the time of the injury sufficiently safe to make it free from danger to the employees performing such work as plaintiff did, so far, as the nature of their employment…
1Opinion of the CourtKerwiN, J.
Counsel for appellant argues that there was-sufficient evidence to support the verdict, hence the court below was in error in granting a new trial. The trial court is not precluded from granting a new trial in every case-where there is evidence sufficient to support the verdict. Within its discretion it has power, in a proper case, to grant, a new trial even though there be sufficient evidence to support the verdict, and its order in that regard will not be disturbed unless there is an abuse of discretion. We find no-abuse of discretion in the present case.
On the part of the respondent it is…
2Cases cited16 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Hackett v. Western Union Telegraph Co.Wisconsin Supreme Court · 1891
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3Cited by2 opinions
- Muscoda State Bank v. KolarWisconsin Supreme Court · 1925
- Reuter v. Hickman, Lauson & Diener Co.Wisconsin Supreme Court · 1915