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DOSTAL v. SAINT PAUL-MERCURY INDEMNITY CO.

4 Wis.2d 1 (1958)

DOSTAL, by Guardian ad litem, Appellant, vs. SAINT PAUL-MERCURY INDEMNITY COMPANY, Respondent.

Supreme Court of Wisconsin.

April 9, 1958.

Attorney(s) appearing for the Case

For the appellant there were briefs by Doar & Knowles of New Richmond. attorneys, and Roberts, Boardman, Suhr, Bjork & Curry of Madison of counsel, and oral argument by John Doar and Walter M. Bjork.

For the respondent there were briefs by Gwin & Fetzner of Hudson, attorneys, and Arthur Wickham and John J. Ottusch, both of Milwaukee, of counsel, and oral argument by Mr. Wickham and Mr. John W. Fetzner.

FAIRCHILD, J.

Upon defendant's appeal the questions are, (1) whether the evidence supports the finding that John Magee was negligent as to management and control, and (2) whether there should be a new trial because of alleged misconduct of Mrs. Matzek, a juror. Plaintiff's appeal raises a third question: Did the trial court err in limiting the amount of the judgment so that the two judgments did not exceed the limits of the policy?

(1) Jury's finding of...

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