WERREN v. ALLIED AMERICAN MUT. FIRE INS. CO.


3 Wis.2d 313 (1958)

WERREN, Plaintiff and Respondent, vs. ALLIED AMERICAN MUTUAL FIRE INSURANCE COMPANY and others, Defendants and Appellants: HARTFORD ACCIDENT & INDEMNITY COMPANY and another, Interpleaded Defendants and Respondents.

Supreme Court of Wisconsin.

February 28, 1958.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Frank M. Coyne of Madison.

For the respondents there was a brief by John F. Jenswold, W. L. Jackman, and James C. Herrick, all of Madison, and oral argument by Mr. Jackman and Mr. Jenswold.


MARTIN, C. J.

As the trial court observed in its decision on motions after verdict, the findings of the jury indicate its belief that the collision was unavoidable; and it was the court's considered judgment that such belief was against the great weight and clear preponderance of the evidence.

An order for a new trial in the interests of justice is highly discretionary and, in the absence of a clear showing of an ...

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