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MC NAMER v. AMERICAN INS. CO.

267 Wis. 494 (1954)

MCNAMER, Administratrix, Respondent, vs. AMERICAN INSURANCE COMPANY and others, Appellants.

Supreme Court of Wisconsin.

October 5, 1954.

Attorney(s) appearing for the Case

For the appellants there were briefs by Roberts, Roe, Boardman, Suhr & Bjork of Madison, and oral argument by Walter M. Bjork.

For the respondent there was a brief by Donovan, Gleiss, Goodman, Breitenfield & Gleiss of Sparta, and Harry T. Jordan of Hillsboro, and oral argument by Leo J. Goodman.

GEHL, J.

There is but one question raised by defendants upon this appeal, that is, Is there any credible evidence to support the jury's findings that Dempsey was negligent?

Plaintiff contends that because defendants failed in the trial court to move for a new trial they are not entitled to a review by us of the sufficiency of the evidence to sustain the judgment. This court has not been consistent in its treatment of the question. In Reed v. Madison,

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