MANIACI v. MARQUETTE UNIVERSITY

No. 151.

50 Wis.2d 287 (1971)

184 N.W.2d 168

MANIACI, by Guardian ad litem, Respondent, v. MARQUETTE UNIVERSITY and others, Appellants.

Supreme Court of Wisconsin.

Decided March 5, 1971.


Attorney(s) appearing for the Case

For the appellants (respondents on cross appeal) there were briefs by Ray T. McCann and Richard A. McDermott, both of Milwaukee, for Marquette University, Mary Alice Cannon, and June B. Steiner, and by Irving W. Zirbel of Milwaukee, for Dean D. Miller, and oral argument by Mr. McDermott and Mr. Zirbel.

For the respondent (cross appellant) there was a brief by Gaines & Saichek, attorneys, and Irving D. Gaines and David A. Saichek of counsel, all of Milwaukee, and oral argument by Irving D. Gaines.


HEFFERNAN, J.

The defendants' appeal is premised upon the contention that the trial court erroneously permitted the trial to proceed, and the jury verdict to be rendered, on the question of false imprisonment. Defendants contend that plaintiff's only possible cause of action was for malicious prosecution, and, as a corollary to that contention, take the position that the evidence was insufficient to sustain a verdict for malicious prosecution, and that the damages...

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