Rupp v. Travelers Indemnity Co.

Two basic questions are raised: (1) Did the trial court err in not admitting hospital records and records of Dr. Krueger, an attending orthopedist, in evidence, and (2) did the trial court err in failing to grant a new trial in the interest of justice or on the ground the damages awarded were inadequate, inconsistent, or motivated by perversity?

On the trial, the hospital records of Johnson’s Emergency, St. Luke’s, and St. Joseph’s Hospitals were offered in evidence by the plaintiff as entries in the usual course of business under sec. 327.25, Stats. The parties had stipu lated these records…