Makowski v. Ehlenbach

1. Form of order. The order granting a new trial did not state that the damage awards were “excessive.” Thus, it did not literally specify the statutory ground upon which it was apparently based. Sec. 270.49 (2), Stats.; Boughton v. State Farm Mut. Automobile Ins. Co. (1959), 7 Wis. (2d) 618, 620, 97 N. W. (2d) 401. The only motions by defendants appear to have been based upon a claim that the damages were excessive, and the court orally stated that they were excessive. Plaintiffs have not relied here upon any deficiency in the form of the order, and concede that it was based on a finding…