FLEISCHHACKER v. STATE FARM MUT. AUTOMOBILE INS. CO.


274 Wis. 215 (1956)

FLEISCHHACKER and another, Respondents, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Appellants.

Supreme Court of Wisconsin.

December 4, 1956.


Attorney(s) appearing for the Case

For the appellants there was a brief by Kivett & Kasdorf, attorneys, and John R. Henderson of counsel, all of Milwaukee, and oral argument by Mr. Henderson.

For the respondents there was a brief by Galin & Jacobson, attorneys, and Benjamin P. Galin and Gerald L. Bass of counsel, all of Milwaukee, and oral argument by Benjamin P. Galin.


WINGERT, J.

The five-sixths verdict statute, sec. 270.25 (1), provides in part that "If more than one question must be answered to arrive at a verdict on the same cause of action, the same five sixths of the jurors must agree on all such questions." The quoted provision, enacted by ch. 36, Laws of 1951, is consistent with the decisions of this court.

It has often been held that in order to have a good verdict, the...

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