BAUMAN v. MIDLAND UNION INS. CO.


261 Wis. 449 (1952)

BAUMAN and wife, Appellants, vs. MIDLAND UNION INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

May 6, 1952.


Attorney(s) appearing for the Case

For the appellants there were briefs by Lueck, Skupniewitz & Lueck of Beaver Dam, and oral argument by A. W. Lueck.

For the respondents there was a brief by Wilkie, McCusker & Wilkie of Madison, and George A. Hartman, Robert Hartman, and Leo C. Hartman of Juneau, and oral argument by Horace Wilkie.


CURRIE, J.

The plaintiffs' appeal presents the sole question of whether there was prejudicial error in the instructions of the trial court to the jury which justified the trial court in granting a new trial.

The particular instructions to the jury, which the trial court later determined were erroneous, read as follows:

"If there is any doubt as to the meaning of any term or word used in an insurance policy, the doubt will be resolved in favor of the...

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