Peterson v. Wingertsman

The only issue raised by the appellants is whether the court erred in granting Steinke’s motion for a directed verdict. The respondents contend there was a waiver of the jury, the issue cannot be raised as a matter of right because the claimed error was not made the basis of a motion for a new trial, and in any event the trial court correctly granted the directed verdict.

As to the motion to direct the verdict on behalf of Steinke, there was no waiver of a jury trial. In order to constitute a stipulation waiving a jury trial, sec. 270.26, Stats., 1 requires all parties to move without…