Wagner v. American Family Mutual Insurance Co.

Three issues are presented by this appeal:

1. Should a new trial be granted because of alleged prejudicial remarks by defense counsel during argument?

2. Did the court err in not giving plaintiffs’ requested instruction concerning the conclusive presumption against negligence by a child under the age of seven?

3. Should a new trial be granted under sec. 251.09, Stats.?

Alleged prejudicial remarks.

At the trial, defendant’s counsel read his cross-examination of Officer Hackett into the record from a prior deposition taken in lieu of appearance at trial. The deposition contained the following…