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ROSKOM v. BODART

260 Wis. 276 (1951)

ROSKOM and others, Plaintiffs and Respondents, vs. BODART and another, Defendants and Appellants: RURAL MUTUAL CASUALTY INSURANCE COMPANY OF WISCONSIN, Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

December 4, 1951.

Attorney(s) appearing for the Case

For the appellants there were briefs by Bie, Welsh, Trowbridge & Wilmer of Green Bay, and oral argument by F. N. Trowbridge.

For the respondents except Clayton Roskom there was a brief by Hanaway & Byrnes of Green Bay, and oral argument by C. T. Hanaway.

For the respondent Clayton Roskom there was a brief by Kehoe & Flatley of Green Bay, and oral argument by Robert H. Flatley.

For the impleaded defendant Rural Mutual Casualty Insurance Company of Wisconsin there was a brief by Evrard, Evrard, Duffy, Holman & Faulds of Green Bay, and oral argument by John P. Duffy.

FAIRCHILD, J.

In attacking the order granting a new trial, the appellants ask: May a new trial in the interests of justice be ordered on the ground that the overwhelming weight of the credible evidence is contrary to an important finding of the jury adverse to plaintiffs ? Appellants contend that because the trial court did not state that the testimony in support of the verdict was false, respondents are precluded from arguing that the trial court was satisfied that...

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