Reuter v. Hickman, Lauson & Diener Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee •county; W. J. Turner, Circuit Judge. Action for personal injuries sustained by colliding with defendant’s automobile.. The jury by a special verdict found for plaintiff and assessed his damages at the sum of $1,000. Upon motion of plaintiff the court set aside the award of ■damages as inadequate and ordered a new trial. The defendant appealed.
1Opinion of the CourtVittje, J.
The question raised by the appeal is whether the trial court abused its discretion in setting aside the award of damages as inadequate and granting a new trial. Unless there was an abuse of discretion in so doing this court will not disturb the ruling. Fred Miller B. Co. v. Milwaukee, 155 Wis. 81, 143 N. W. 1066. This is so even though there be some evidence to sustain the verdict set aside. Rakowski v. Zimmerman, 158 Wis. 539, 149 N. W. 214. Applying these principles to the present case we find no ground for disturbing the order of the trial court.
There was evidence in the case showing that…
2Cases cited2 opinions
- Fred Miller Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1913
- Rakowski v. ZimmermanWisconsin Supreme Court · 1914
3Cited by3 opinions
- Parchia v. ParchiaWisconsin Supreme Court · 1964
- Middleton v. Atlantic Coast Line R.Supreme Court of South Carolina · 1925
- Anderson v. Aetna Casualty and Surety Co.Supreme Court of South Carolina · 1934