Fitzpatrick v. Rice

273 Wis. 201 (1956)

FITZPATRICK, Appellant,

vs.

RICE and another, Respondents.[*]

Supreme Court of Wisconsin.

May 2, 1956.

June 5, 1956.

For the appellant there was a brief by Allan Cain of Kaukauna, attorney, and Henry P. Hughes of Oshkosh of counsel, and oral argument by Mr. Hughes.

For the respondents there was a brief by Benton, Bosser, Fulton, Menn & Nehs of Appleton, and oral argument by David L. Fulton.

MARTIN, J.

In its decision on motions after verdict the trial court stated:

"The court has referred to the problem created by defendant's after-verdict motion as a simple one, when in fact it is…