Jonas v. Northeastern Mutual Fire Insurance

At the outset we are compelled to consider plaintiffs’ claim that the errors now claimed by the defendant were not raised by a motion for a new trial directed to the trial court, and that defendant is therefore foreclosed from raising the questions on appeal in the absence of a showing of compelling circumstances. We agree with plaintiffs’ position. In the landmark case of Wells v. Dairyland Mut. Ins. Co. (1957), 274 Wis. 505, 80 N. W. 2d 380, we pointed out that, where there was a trial to a jury, no error of the court “should be reviewable as a matter of right on appeal without first moving…