Moldenhauer v. Faschingbauer

A single question is presented on this appeal, namely, whether a plaintiff who exercises an option given under the Powers rule to accept a reduced amount of damages in lieu of a new trial is entitled to interest from the date of the verdict on such reduced amount. Powers v. Allstate Ins. Co. (1960), 10 Wis. (2d) 78, 102 N. W. (2d) 393.

Interest on the amount of a verdict from its date is includable in the judgment as an item of costs under sec. 271.04 (4), Stats., which provides, “When the judgment is for the recovery of money, interest at the legal rate from the time of verdict, decision or…